Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The Mississippi Valley Company brought this action of ejectment against the Chicago, St. Louis, and New Orleans Railroad Company. A judgment was rendered for the defendant, and the plaintiff appealed. The facts of the case are sufficiently stated in the opinion of the court. The record does not show notice to the new corporation of the unregistered mortgage before the consolidation.
Read the full summary
Appeal from the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The Mississippi Valley Company brought this action of ejectment against the Chicago, St. Louis, and New Orleans Railroad Company. A judgment was rendered for the defendant, and the plaintiff appealed. The facts of the case are sufficiently stated in the opinion of the court. The record does not show notice to the new corporation of the unregistered mortgage before the consolidation. If the new corporation took the land in controversy without notice, it could have held the same against the unregistered mortgage ; and…
1Opinion of the CourtChalmers, C. J.
The Mississippi Central Railroad Company was originally the owner of the land sued for, and as such executed, on May 1, 1872, a mortgage upon it, as well as upon all its other property, real and personal, to secure the holders of its bonds. This mortgage was not recorded in the county of Copiah, in which this land is situated. In April, 1874, the Mississippi Central Railroad Company and the New Orleans, Jackson, and Great Northern Railroad Company, in accordance with the provisions of an act of the Legislature authorizing the step, consolidated and merged themselves into a new corporation,…
2Cases cited5 opinions
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Pierce v. TurnerSupreme Court of the United States · 1809
- Henderson v. DowningCourt of Appeals of Mississippi · 1852
- Kelly v. MillsMississippi Supreme Court · 1866
- Humphreys v. MerrillMississippi Supreme Court · 1876
3Cited by13 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Reddoch v. WilliamsMississippi Supreme Court · 1922
- Sack v. Gilmer Dry Goods Co.Mississippi Supreme Court · 1928
- Chicago & Northwestern Railway Co. v. Auditor GeneralMichigan Supreme Court · 1884
- Hart v. GardnerMississippi Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.