Scott v. Farmers' Loan & Trust Co.
Court of Appeals for the Eighth Circuit
A ppeal from the Circuit Court of the United States for the District of North Dakota. This was an intervening petition, filed by Charles Scott in the consolidated cause of the Farmers’ Loan & Trust Company, I\ B. Winston, and others against the Northern Pacific Railroad Company, praying for the payment of a. judgment held by him as a preferential debt, or for leave to issue an execution against property of the railroad company in the hands of the receivers.
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A ppeal from the Circuit Court of the United States for the District of North Dakota. This was an intervening petition, filed by Charles Scott in the consolidated cause of the Farmers’ Loan & Trust Company, I\ B. Winston, and others against the Northern Pacific Railroad Company, praying for the payment of a. judgment held by him as a preferential debt, or for leave to issue an execution against property of the railroad company in the hands of the receivers. The circuit court dismissed the petition. The intervener appealed. On the 15th day of August, 1893, there was filed in the circuit court…
1Opinion of the CourtCaldwell, Circuit Judge
Although some technical objections are taken to intervener’s petition, we think it sufficiently appears from an examination of the whole record that the intervener did set up that his judgment was a lien on certain real estate of the railroad company which was not embraced in any of the mortgages in suit, and that he desired the leave of the court to sue out execution on his judgment, and sell such lands, which were particularly described. As the intervener will be satisfied with this relief, we need not consider the question whether his judgment ought to be paid as a preferential debt. A…
2Cases cited4 opinions
- Republican Mountain Silver Mines, Ltd. v. BrownCourt of Appeals for the Eighth Circuit · 1893
- Kimberling v. HartlyUnited States Circuit Court · 1880
- Walters v. Anglo-American Mortgage & Trust Co.U.S. Circuit Court for the District of Nebraska · 1892
- Glenn v. LiggettU.S. Circuit Court for the District of Eastern Missouri · 1891
3Cited by15 opinions
- Hanna v. State Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Cochrane v. W. F. Potts Son & Co.Court of Appeals for the Fifth Circuit · 1931
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- Des Moines Savings Bank v. Morgan Jewelry Co.Supreme Court of Iowa · 1904
- Central Trust Co. v. Worcester Cycle Mfg. Co.U.S. Circuit Court for the District of Connecticut · 1902
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