Illinois Grand Trunk Railroad v. Cook
Illinois Supreme Court
The substance of this bill of complaint is sufficiently stated in the opinion. The prayer of the bill was, that the company, and all others who claimed to have any interest in the mortgage, bond, or coupons, should be enjoined from taking any proceedings to enforce their collection, and that the mortgage should be canceled. Upon the overruling the demurrer to the bill, there was a decree in accordance with the prayer.
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The substance of this bill of complaint is sufficiently stated in the opinion. The prayer of the bill was, that the company, and all others who claimed to have any interest in the mortgage, bond, or coupons, should be enjoined from taking any proceedings to enforce their collection, and that the mortgage should be canceled. Upon the overruling the demurrer to the bill, there was a decree in accordance with the prayer. The plaintiffs below brought the cause to this court by writ of error.
1Opinion of the CourtWalker, J.
The bill in this case alleges, that complainant is administrator of Philander Cook, who on the 16th day of February, 1857, executed and delivered to the Camanche, Albany and Men dota Eailroad Company, his note for one thousand dollars, due in ten years from date, with ten interest notes attached, for fifty dollar# each, one of which is payable annually, and a mortgage on certain real estate in Iowa was given, to secure the payment of the same. That the railroad company, was organized under the general railway act of 1849, and that under the act of J une, 1854, it became consolidated with the…
2Cases cited1 opinion
- Rice v. Rock Island & Alton RailroadIllinois Supreme Court · 1859
3Cited by4 opinions
- Goodrich v. Reynolds, Wilder & Co.Illinois Supreme Court · 1863
- Snell v. City of ChicagoIllinois Supreme Court · 1890
- State ex informatione Crow v. Lincoln Trust Co.Supreme Court of Missouri · 1898
- Fey v. Peoria Watch Co.Appellate Court of Illinois · 1889