Legal Opinion

Farmers' Loan & Trust Co. v. Dart

Court of Appeals for the Fifth Circuit

Decided December 20, 1898No. 664PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Texas. In April, 1889, the Farmers’ Doan & Trust Company filed its bill to foreclose a first mortgage on the Waco & Northwestern Division of the Houston & Texas Central Railway Company. Tho property covered by the mortgage was placed in the hands of a receiver. The foreclosure proceedings were protracted, and the property was finally sold at a foreclosure sale.

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Appeal from the Circuit Court of the United States for the Eastern District of Texas. In April, 1889, the Farmers’ Doan & Trust Company filed its bill to foreclose a first mortgage on the Waco & Northwestern Division of the Houston & Texas Central Railway Company. Tho property covered by the mortgage was placed in the hands of a receiver. The foreclosure proceedings were protracted, and the property was finally sold at a foreclosure sale. During the proceedings the railroad was operated by the receiver, and a large amount of surplus revenues accrued irom the operation of the road, and from…

1Opinion of the CourtParlange, District Judge

(after stating the facts as above). A bill having been filed to foreclose a mortgage on the Waco & Northwestern Division of the Houston & Texas Central Railway Company, a receiver was appointed, who continued the operation of the road. While the road was thus being operated by the receiver, surplus revenues from the earnings of the road; and rentals and pro-' ceeds of the sale of land covered by the mortgage, accrued, and the aggregate of those moneys involved in this cause is $650,212.16, upon which the clerk has taxed to himself, and claims, under section 828, Rev. St. U. S., a commission…

2Cases cited3 opinions

  1. In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
  2. Easton v. Houston & T. C. Ry. Co.U.S. Circuit Court for the District of Eastern Texas · 1891
  3. Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895

3Cited by5 opinions

  1. In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
  2. Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
  3. Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
  4. United States v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1922
  5. Amoskeag Mfg. Co. v. GagneDistrict Court, D. New Hampshire · 1936

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