Brainerd v. Peck & Colby
Supreme Court of Vermont
Bill in Chancery. The question in this case concerned the owners of certain machinery for the purpose of llburnet-king ” timber and ties, contained in a building at Northfield in the possession of the orators who were the trustees of the bondholders under the first mortgage of the Vermont Central Railroad, and at the time of bringing the bill in the possession and management of that road, as such trustees.
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Bill in Chancery. The question in this case concerned the owners of certain machinery for the purpose of llburnet-king ” timber and ties, contained in a building at Northfield in the possession of the orators who were the trustees of the bondholders under the first mortgage of the Vermont Central Railroad, and at the time of bringing the bill in the possession and management of that road, as such trustees. The bill set forth the execution by the Railroad Company of said mortgage, on the 20th of October, 1851, in which the following words of description of the property conveyed were used :…
1Opinion of the Court
Poland, Ch. J.
The orators claim to hold the “burnetizing works or machinery” attached and sold by the defendants on their execution against the Vermont Central Railroad Company, by virtue of the mortgage deed of Oct. 20, 1851, by said Company to their predecessors as trustees, and the deed of subsequently acquired property, from said company to said trustees, dated May 12, 1854.
The single question in the case is, whether the orators have a valid title under either, or both, of said deeds,
*499There seems to be no controversy as to the facts about the history of the property. These works were…
2Cited by8 opinions
- Wilcox v. JacksonSupreme Court of Colorado · 1884
- Prather v. Jeffersonville, Madison & Indianapolis RailroadIndiana Supreme Court · 1875
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Lorenz Et Ux. v. CampbellSupreme Court of Vermont · 1939
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