Real Estate Trust Co. v. Wilmington & New Castle Electric Railway Co.
Court of Chancery of Delaware
Bill to Foreclose Corporate Mortgage. On May 23rd, 1907, receivers were appointed for the Wilmington, New Castle and Southern Railway Company, and thereafter, by leave of the Chancellor, the complainant filed this bill to foreclose a certain mortgage executed by the Wilmington and New Castle Electric Railway Company prior to its consolidation with the New Castle and Delaware City Railway Company into the Wilmington, New Castle and Southern Railway Company.
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Bill to Foreclose Corporate Mortgage. On May 23rd, 1907, receivers were appointed for the Wilmington, New Castle and Southern Railway Company, and thereafter, by leave of the Chancellor, the complainant filed this bill to foreclose a certain mortgage executed by the Wilmington and New Castle Electric Railway Company prior to its consolidation with the New Castle and Delaware City Railway Company into the Wilmington, New Castle and Southern Railway Company. The allegations of the bill and answer and the contentions of coxmsel are sufficiently stated in the opinion of the Chief Justice, before…
1Opinion of the Court
The Chief Justice:
The Real Estate Trust Company of Philadelphia, trustee named under a certain indenture of mortgage, dated August 1st, 1896, executed by the Wilmington & New Castle Electric Railway7 Company, in favor of said trust company, presented to the Chancellor of this State on July 1st, 1907, a petition which contained, inter alla, the following averments:
“1. By indenture of mortgage, dated August 1st, 1896 the ‘Wilmington and New Castle Electric Railway Company,’ a corporation of the State of Delaware, granted and conveyed to your petitioner all the railways of the said railway…
2Cases cited10 opinions
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Parsons v. RobinsonSupreme Court of the United States · 1887
- Wallace v. Wilmington & N. R.Superior Court of Delaware · 1889
- Doe v. RoeSuperior Court of Delaware · 1901
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3Cited by6 opinions
- Nye Odorless Incinerator Corp. v. FeltonSuperior Court of Delaware · 1931
- Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
- Garrett v. GarrettNew Jersey Court of Chancery · 1916
- State Ex Rel. State Highway Department v. 62.96247 Acres of LandSuperior Court of Delaware · 1963
- Food Fair Stores, New Castle, Inc. v. HowardSupreme Court of Delaware · 1965
1 more not listed; retrieve them via the Exa API.