Legal Opinion

Hammock v. Loan & Trust Co.

Supreme Court of the United States

Decided April 24, 1882No. 164PublishedCited by 110 opinions

Appeal from the Circuit Court of the United States for the Southern District of Illinois. To secure the payment of its bonds, aggregating the sum of $660,000, and issued for the purpose of raising money as •well for its mining and manufacturing business, as for the completion and .maintenance' of its road, the Chester and Tamaroa Coal and Railroad Company, an Illinois corporation, executed, on the twelfth day of April,' 1871, a deed of trust containing such conditions-and…

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Appeal from the Circuit Court of the United States for the Southern District of Illinois. To secure the payment of its bonds, aggregating the sum of $660,000, and issued for the purpose of raising money as •well for its mining and manufacturing business, as for the completion and .maintenance' of its road, the Chester and Tamaroa Coal and Railroad Company, an Illinois corporation, executed, on the twelfth day of April,' 1871, a deed of trust containing such conditions-and provisions as are usually inserted in railway. mortgages. It embraced the entire road of the grantor, then made or…

1Opinion of the CourtJustice Harlan

Whether the State court or the ,Citeuit Court of the United States first acquired control and possession of the property conveyed in trust by the. Chester and Tamaroa Coal and Railroad Company, is the first question to which our attention will be directed. If, when seized under the order of the Federal court, it was in the custody of the State court, by its receiver, then, it is claimed, that all the proceedings in the former, so far at least as their regularity and validity depended upon possession of the property, Were in violation of the established principles governing courts of…

2Cases cited6 opinions

  1. Peck v. JennessSupreme Court of the United States · 1849
  2. Brine v. Insurance Co.Supreme Court of the United States · 1878
  3. Gue v. Tide Water Canal Co.Supreme Court of the United States · 1861
  4. Blair v. ReadingIllinois Supreme Court · 1881
  5. Galloway v. Brown's LesseeOhio Supreme Court · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by110 opinions

  1. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
  2. United States v. Shreveport Grain & Elevator Co.Supreme Court of the United States · 1932
  3. A. B. Small Co. v. American Sugar Refining Co.Supreme Court of the United States · 1925
  4. Crawford v. BurkeSupreme Court of the United States · 1904
  5. United States v. LacherSupreme Court of the United States · 1890

105 more not listed; retrieve them via the Exa API.

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