Legal Opinion

State v. Farmers' Loan & Trust Co.

Texas Supreme Court

Decided June 23, 1891No. 7976PublishedCited by 23 opinions

This was a suit instituted in the District Court of Smith County, Texas, March 30, 1889, by the Farmers’ Loan and Trust Company as, plaintiff against the.

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This was a suit instituted in the District Court of Smith County, Texas, March 30, 1889, by the Farmers’ Loan and Trust Company as, plaintiff against the. International & Great Northern Railway Company as defendant, to recover the sum of $10,348,000 due upon certain second mortgage bonds, alleged to have been issued and sold by said railway company and applied to the construction and operation- of its road, and to foreclose a certain second mortgage upon ¿11 the property and franchises of said company, alleged to have been executed by said company to plaintiff as trustee to secure the payment…

1Opinion of the Court

STAYTON, Chief Justice.

On March 30,1889, the Farmers’ Loan and Trust Company brought this suit against the International & Great Northern Railway Company on second mortgage bonds for over $7,000, - 000, claimed to have been executed by the company about June 15, 1881, and secured by mortgage, with power to sell, executed to the plaintiff as trustee.

The petition recognizes the existence of a prior mortgage executed to Kennedy and Sloan by the company to secure what are claimed to be first mortgage bonds issued by the company; and the prayer was that plaintiff be placed in possession of the…

2Cited by23 opinions

  1. State v. Southwestern Bell Telephone Co.Texas Supreme Court · 1975
  2. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  3. Hill v. Texas Water Quality BoardCourt of Appeals of Texas · 1978
  4. M. H. Lauchheimer & Sons v. CoopTexas Supreme Court · 1905
  5. Hill v. Lower Colorado River AuthorityCourt of Appeals of Texas · 1978

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