Coe v. Aiken
District Court, D. New Hampshire
This is a bill in equity brought by Ebenezer S. Coe and David Pingree, trustees, against Walter Aiken, tbe Boston, Concord & Mo'ntreal Railroad Company, the Mt. Washington Railway Company, and the Concord & Montreal Railroad Company for speeiiic performance of a contract, and the setting aside of a railroad location, and for an injunction to restrain the defendants from maintaining an hotel on Mt. Washington.
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This is a bill in equity brought by Ebenezer S. Coe and David Pingree, trustees, against Walter Aiken, tbe Boston, Concord & Mo'ntreal Railroad Company, the Mt. Washington Railway Company, and the Concord & Montreal Railroad Company for speeiiic performance of a contract, and the setting aside of a railroad location, and for an injunction to restrain the defendants from maintaining an hotel on Mt. Washington. See 50 Fed. 637, 640. The complainants allege that they wore owners of the land covering the summit of Mt Washington; that on the 1st day of July, 1872, the Jackson Iron Manufacturing…
1Opinion of the Court
PUTNAM, Circuit Judge.
This is a very important case, and involves a large mass of facts; but the principles which govern it are to my mind simple, and, therefore, I think I had better dispose of it now. I am satisfied that;, if I should delay the decision for the purpose of investigating, pending the investigation, which would necessarily he delayed somewhat, I should lose from my mind more than I should acquire.
Something has been said touching the title of the complainants, but it does not seem to be seriously contested. So far as the record goes, the complainants have been in possession…
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