Legal Opinion

Valdosta, Moultrie & Western Railroad v. Atlantic Coast Line Railroad

Supreme Court of Georgia

Decided February 24, 1919No. 826PublishedCited by 2 opinions

Intervention. Before Judge Thomas. Lowndes superior court. January 18, 1918.

1Opinion of the CourtAtkinson, J.

A railroad company executed a “mortgage or deed of trust” on “the railroad property, equipment, and franchises” of the railroad company to a trustee to secure the payment of a certain issue of bonds. The trustee instituted an equitable suit for the appointment of a receiver and to foreclose the lien provided in the mortgage or deed of trust. A receiver was appointed, who took charge of all of the assets of the railroad company, and operated the railroad. During the course of operation he applied certain money derived from the earnings of the road to the purchase of cross-ties, cost of repairs…

2Cases cited2 opinions

  1. Central Trust Co. v. ThurmanSupreme Court of Georgia · 1894
  2. Alexander & Co. v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1897

3Cited by2 opinions

  1. Birmingham Trust & Savings Co. v. Atlanta, B. & A. Ry. Co.District Court, N.D. Georgia · 1924
  2. Baltimore Trust Co. v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1919

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