State v. Mexican Gulf Railway Co.
Supreme Court of Louisiana
Appeal, by the defendants and certain intervenors, from a judgment of the District Court of the First District, in favor of the State, Buchanan, J. Bullard, J. The second section of the act of 12 March, 1838, entitled “ An act amendatory of an act to expedite the construction of the New Orleans and Nashville Rail Road,” declares, that the State engages to make a loan, among others, to the Gulf of Mexico Rail Road Company of $100,000, provided that before receiving the bonds…
Read the full summary
Appeal, by the defendants and certain intervenors, from a judgment of the District Court of the First District, in favor of the State, Buchanan, J. Bullard, J. The second section of the act of 12 March, 1838, entitled “ An act amendatory of an act to expedite the construction of the New Orleans and Nashville Rail Road,” declares, that the State engages to make a loan, among others, to the Gulf of Mexico Rail Road Company of $100,000, provided that before receiving the bonds of the State, &c., the Company shall execute their obligation to the State for the payment of the principal and interest…
1Opinion of the CourtBullard, J.
Among the admissions of the parties in the record, is the following: “ The land on which the Rail Road has been made does not belong to the Company, none of the owners having been expropriated.” It is not, therefore, independently of the act of the legislature, susceptible of being mortgaged, and is not affected by judicial or legal mortgages. That act, we doubt not, rendered it susceptible of being mortgaged, and subjected it to a special conventional privilege, so far as the State is concerned, and for the purpose of securing the reimbursement of the loan ; but the Railway is not an…
2Cited by9 opinions
- Edwards v. S. & R. GAS CO.Louisiana Court of Appeal · 1954
- Richardson v. Item Co.Supreme Court of Louisiana · 1931
- Coguenhem v. TrosclairSupreme Court of Louisiana · 1915
- Woodward v. American Exposition Railway Co.Supreme Court of Louisiana · 1887
- State v. Florida Central RailroadSupreme Court of Florida · 1876
4 more not listed; retrieve them via the Exa API.