Randolph v. Farmers' Loan & Trust Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Randolph and others, interveners in the receivership proceedings upon claims accruing against the corporation before the appointment of the receiver, prosecute writ of error from a judgment of the Court of Civil Appeals reversing that of the trial court which set aside a part of the proceeds of the sale of the property under foreclosure to reimburse the fund derived from the earnings…
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Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Randolph and others, interveners in the receivership proceedings upon claims accruing against the corporation before the appointment of the receiver, prosecute writ of error from a judgment of the Court of Civil Appeals reversing that of the trial court which set aside a part of the proceeds of the sale of the property under foreclosure to reimburse the fund derived from the earnings of the corporate property while in the receiver’s hands (upon which they claimed a lien under the statute superior to…
1Opinion of the Court
DENMAN, Associate Justice.
The Dallas Consolidated Street Railway Company, incorporated under the laws of Texas, conveyed all its property by trust deed, bearing date July 1, 1887, but not really executed, according to the report of the special master hereinafter referred to, until the latter part of July or first of August, 1887, to the Farmers’ Loan and Trust Co., of New York, trustee, to secure its bonds amounting to $250,000, which instrument will be hereinafter referred to as the first mortgage. Subsequently the property of said Company was acquired by the Dallas Consolidated Traction…
2Cases cited2 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Huddleston, Administrator v. KempnerTexas Supreme Court · 1894
3Cited by6 opinions
- First Nat. Bank of Houston v. J. I. Campbell Co.Court of Appeals of Texas · 1910
- Mayotown Lumber Co. v. Nacogdoches Grocery Co.Texas Commission of Appeals · 1922
- Waters-Pierce Oil Co. v. United States & Mexican Trust Co.Court of Appeals of Texas · 1906
- Dallas Bank & Trust Co. v. ThompsonCourt of Appeals of Texas · 1935
- International & Great Northern Railway Co. v. CoolidgeCourt of Appeals of Texas · 1901
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