Legal Opinion

Skinner v. Ft. Wayne T. H. & S. W. R.

U.S. Circuit Court for the District of Indiana

Decided February 9, 1900No. Nos. 8,766, 9,093PublishedCited by 6 opinions

This is a suit in equity for the foreclosure of a railroad mortgage. Heard on demurrer to the answer to an intervening petition.

1Opinion of the Court

BAKER, District Judge.

This is an intervening petition by E. H. Calvin Rohm and others against Frank L. Winsor, as receiver, who is in possession of the railroad and other property of the above-named railroad company under and by virtue of a decree of this court. This intervention is brought to determine the title and right of possession of certain steel rails, fish plates, frogs, and targets. The question is raised by a demurrer to the answer.

The facts material to the decision of the question are the following: The railroad company was duly organized under the general laws of this state prior…

2Cases cited4 opinions

  1. Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
  2. Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
  3. Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1889
  4. Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897

3Cited by6 opinions

  1. Helena & Livingston Smelting & Refining Co. v. Northern Pacific Railway Co.Montana Supreme Court · 1922
  2. Talley v. DrumhellerSupreme Court of Virginia · 1925
  3. Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
  4. St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
  5. State ex rel. Cleary v. Hopkins Street Building & Loan Ass'nWisconsin Supreme Court · 1935

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