McAllister v. Plant
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Edwen Hill, Chancellor. This is an appeal from a decree overruling a demurrer by the trustees in junior mortgages on the Yiclrsburg and Meridian Railroad, to a bill by a first mortgage bondholder, to foreclose the first mortgage by sale.
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Appeal from the Chancery Court of Warren County. Hon. Edwen Hill, Chancellor. This is an appeal from a decree overruling a demurrer by the trustees in junior mortgages on the Yiclrsburg and Meridian Railroad, to a bill by a first mortgage bondholder, to foreclose the first mortgage by sale. The allegations of the bill and the grounds of demurrer are set out in the opinion of the court. 1. In this cause it is important to ascertain what has been the legislation of the State in connection with the Southern Railroad Company, as respects the trust-deed executed to secure the Magee bonds, because…
1Opinion of the CourtChalmers, J.
Increase C. Plant, the appellee, as the holder of a large number of the first mortgage bonds of the Vicksburg and Meridian (formerly Southern) Railroad Company, filed his bill seeking a foreclosure, by sale, of said first mortgage. He alleged that there had been four other mortgages executed by the corporation, all junior in date and secondary in dignity to the one by which his bonds were protected. To his bill he *117made defendants the railroad company, one of the trustees named in the first mortgage (the other being dead), the trustees in the four subordinate mortgages, and all the holders of…
2Cases cited5 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Stone v. MontgomeryMississippi Supreme Court · 1858
- Eaton & Hamilton R. R. v. HuntIndiana Supreme Court · 1863
- Sessions v. BaconMississippi Supreme Court · 1852
- Thompson v. HouzeMississippi Supreme Court · 1873
3Cited by3 opinions
- Warden v. City of GraftonWest Virginia Supreme Court · 1943
- Bird v. SteinDistrict Court, S.D. Mississippi · 1952
- Gulf Refining Co. v. Cleveland Trust Co.Mississippi Supreme Court · 1926