Rust v. Electric Lighting Co.
Supreme Court of Alabama
appeal from Mobile Chancery Court. Heard before Hon. Tilos. II. Smith. Lewis II. Rust brought bis bill to compel the Electric Lighting Company to deliver to him certain property described in the bill, and to have the legal title thereto declared to be in the complainant.
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appeal from Mobile Chancery Court. Heard before Hon. Tilos. II. Smith. Lewis II. Rust brought bis bill to compel the Electric Lighting Company to deliver to him certain property described in the bill, and to have the legal title thereto declared to be in the complainant. The facts stated in brief were these: The Mobile & Spring Hill Railway Co executed to the Merchantile Trust Co. a mortgage or deed of trust of all the property, describing it, of the mortgagor in its possession, and also all thereafter to be acquired pertaining to construction, maintenance and operation of said road. The…
1Opinion of the CourtTyson, J.
— The practical effect of the decision in this case on former appeal- Avas to hold that the facts as alleged in the bill entitled the complainant to relief- if proA-en, unless the defendant by proper defense avoided the effect of the case as made by the bill. — Electric Lighting Co. of Mobile v. Rust, 117 Ala. 680.
*206Tlie first question presented grows out of the proceedings had in the circuit court of the United States foreclosing the deed of trust. It appears that the court in the foreclosure proceeding, at the time of ordering the foreclosure of the mortgage, ordered a reference to a special…
2Cases cited11 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Latta v. KilbournSupreme Court of the United States · 1893
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Foster v. GoreeSupreme Court of Alabama · 1843
- Goodwin v. LloydSupreme Court of Alabama · 1838
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3Cited by5 opinions
- Berry v. Tennessee & Coosa RailroadSupreme Court of Alabama · 1902
- Electric Lighting Co. of Mobile v. RustSupreme Court of Alabama · 1901
- Sylacauga Lodge, No. 200 v. McGheeAlabama Court of Appeals · 1919
- Continental Gin Co. v. PannellSupreme Court of Oklahoma · 1916
- Alexander v. ChapmanSupreme Court of Alabama · 1900