State ex rel. Rolston v. Chappell
Supreme Court of Missouri
Mandamus. The act of February 20th, 1865, (Sess. Acts 1865, p. 84,) wben accepted by the company and the bonds issued thereunder, and delivered to the trustees and sold by them and the proceeds thereof paid into the State treasury, converted the act into a contract to convey the lien of the State to the trustees.
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Mandamus. The act of February 20th, 1865, (Sess. Acts 1865, p. 84,) wben accepted by the company and the bonds issued thereunder, and delivered to the trustees and sold by them and the proceeds thereof paid into the State treasury, converted the act into a contract to convey the lien of the State to the trustees. Ketchum v. Pacific R. R. Go., 4 Dill. 79. This character of contract to convey the lien of a mortgage has been upheld in a mortgage between individuals, (Goffing v. Taylor, 16 111. 457,) and seems to have been the well defined policy of the State in disposing of liens on railroads to…
1Opinion of the CourtNorton, J.
The relators file a petition for mandamus, stating:
1. That the relators are trustees in a mortgage made-by the Hannibal &. St. Joseph Railroad Company on the 30th day. of April, 1881, in pursuance of an act of the general assembly of the State of Missouri, entitled “An act to> provide for reducing the indebtedness of the State,” approved February 20th, 1865 That act is as follows :
Section 1. The Hannibal & St. Joseph Railroad Company is hereby authorized to issue its bonds, signed by the president and countersigned by the secretary of the company, in sums of $1,000 each, with coupons…
2Cases cited6 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- Woodson v. MurdockSupreme Court of the United States · 1874
- St. Joseph & Denver City Railroad v. Buchanan County CourtSupreme Court of Missouri · 1867
- Land Grant Railway & Trust Co. v. Board of CommissionersSupreme Court of Kansas · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rolston. v. Missouri Fund CommissionersSupreme Court of the United States · 1887