Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Pike County. Hon. J. F. Sessions, Special Judge, by agreement of the parties, Hon. J. B. Chrisman being disqualified. A statement of the case will be found in the opinion of the court. Assuming that the -railroad company had the power to mortgage after-acquired land, we submit that the language of the granting-c-lause of the mortgage, taken with all its words and ■all its scope, does not carry.this after-acquired land.
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Appeal from the Circuit Court of Pike County. Hon. J. F. Sessions, Special Judge, by agreement of the parties, Hon. J. B. Chrisman being disqualified. A statement of the case will be found in the opinion of the court. Assuming that the -railroad company had the power to mortgage after-acquired land, we submit that the language of the granting-c-lause of the mortgage, taken with all its words and ■all its scope, does not carry.this after-acquired land. See the •opinion of Judge Hammond, of the District Court of the United States for the District of West Tennessee, at Memphis, in Calhouns.…
1Opinion of the CourtChalmers, C. J.
This is an action of ejectment, in which the plaintiff claims title by virtue of an execution-sale under a judgment against the former owner of the property, and the defendant claims under a mortgage executed by the same owner. The mortgage was prior in date to the judgment, and, if operative on the property here involved, takes precedence of it. The property was not owned by the mortgageor (the New Orleans, Jackson, and Great Northern Railroad Company) at the date of the mortgage, but it is claimed that it passed as after-acquired property by virtue of the terms of the instrument. Whether it…
2Cases cited6 opinions
- Parish v. . WheelerNew York Court of Appeals · 1860
- Wilson v. BoyceSupreme Court of the United States · 1876
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Dinsmore v. Racine & Mississippi RailroadWisconsin Supreme Court · 1860
- Mobile & Ohio Railroad v. MoseleyMississippi Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vrooman v. Burdett.Supreme Court of Missouri · 1935
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944
- Williams & Williams v. CrookMississippi Supreme Court · 1885
- Fidelity & Deposit Co. of Maryland v. B. F. Sturtevant Co.Mississippi Supreme Court · 1905
- Chicago, Indianapolis & Louisville Railway Co. v. McGuireIndiana Court of Appeals · 1903