Valdosta, Moultrie & Western Railroad v. Valdosta Bank & Trust Co.
Supreme Court of Georgia
Equitable petition — interventions. Before Judge Thomas. Lowndes superior court. September 12, 1914. The Valdosta Bank and Trust Company filed its petition, alleging, that the Valdosta, Moultrie and Western Railroad Company issued 300 gold coupon bonds, each for the sum of $1,000.00, to secure the payment of which the said railroad company executed and delivered to petitioner a first mortgage or deed of trust, conveying to petitioner, as trustee, its line of railroad,…
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Equitable petition — interventions. Before Judge Thomas. Lowndes superior court. September 12, 1914. The Valdosta Bank and Trust Company filed its petition, alleging, that the Valdosta, Moultrie and Western Railroad Company issued 300 gold coupon bonds, each for the sum of $1,000.00, to secure the payment of which the said railroad company executed and delivered to petitioner a first mortgage or deed of trust, conveying to petitioner, as trustee, its line of railroad, equipment, franchises, and all its property, in fact, both real and personal, by the terms of which deed of trust petitioner…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) While the motion for a new trial in this ease contains several grounds, it presents in fact two theories upon which the right of the petitioner to foreclose the lien created by the deed of trust for the benefit of the holder of the bonds, B. P. Jones, was contested. Broadly stated, these two theories, either one of which, according to the contentions of the railroad company and of the creditors who by intervention became parties, defendant, would result in the defeat of the plaintiff’s suit, are based, first, upon the proposition, that, in so far as it is…
2Cases cited3 opinions
- Ullman v. Brunswick Title Guarantee & Loan Co.Supreme Court of Georgia · 1895
- Partridge v. Williams' SonsSupreme Court of Georgia · 1884
- Hodge v. BrownSupreme Court of Georgia · 1888
3Cited by1 opinion
- Valdosta Bank & Trust Co. v. DavisSupreme Court of Georgia · 1924