Kansas City, El Paso & Mexican Railway Co. v. Perkins
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. This was an effort by Perkins to establish an equitable lien upon money in receiver Davis’ hands, arising from the sale of the Kansas City, El Paso & Mexican Bailroad, etc. The basis of the equity was, that the claim owned by the plaintiff was for rails furnished the contractors.
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Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. This was an effort by Perkins to establish an equitable lien upon money in receiver Davis’ hands, arising from the sale of the Kansas City, El Paso & Mexican Bailroad, etc. The basis of the equity was, that the claim owned by the plaintiff was for rails furnished the contractors. The contractors were to be paid in bonds secured by mortgage upon the road, etc., to be delivered at the rate of twenty bonds of $1000 each for each mile, to be delivered on completion of each section of ten miles. The grounds of…
1Opinion of the Court
BROWN, Associate Justice.
—C. Lawrence Perkins sued Morris B. Locke & Co., the Kansas City, El Paso & Mexican Bailroad Company, and Charles Davis, receiver of that company, to recover of Locke & Co. a debt claimed to be due for steel rails furnished by plaintiff to said Locke & Co. for the construction of the railroad of the said railroad company, under a contract between it and the said Locke & Co., and also to enforce an equitable lien for said debt upon the funds in the hands of the receiver Davis, the proceeds of the sale of the railroad, which lien plaintiff claimed by virtue of an…
2Cases cited2 opinions
- G., H. & S. A. R'y Co. v. Henry & DilleyTexas Supreme Court · 1886
- Johnston v. Ewing Female UniversityIllinois Supreme Court · 1864
3Cited by6 opinions
- Blum Milling Co. v. Moore-Seaver Grain Co.Texas Commission of Appeals · 1925
- Alexander v. Good Marble & Tile Co.Court of Appeals of Texas · 1928
- Buchanan & Gilder v. GibbsCourt of Appeals of Texas · 1913
- Dallas Opera House Ass'n v. Dallas Enterprises, Inc.Texas Commission of Appeals · 1927
- Continental Nat. Bank v. ConnerCourt of Appeals of Texas · 1948
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