Farmers' Loan & Trust Co. v. Dart
Court of Appeals for the Fifth Circuit
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
- In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Easton v. Houston & T. C. Ry. Co.U.S. Circuit Court for the District of Eastern Texas · 1891
- Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895
3Cited by5 opinions
- In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
- Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
- United States v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1922
- Amoskeag Mfg. Co. v. GagneDistrict Court, D. New Hampshire · 1936