Central Trust Co. v. Sloan
Supreme Court of Iowa
Appeal from PowesMeh Circuit Coart. TnE petition state's that the defendant, Sloan, recovered a judgment in the circuit court in January, 1882, which, lie claims is a superior and prior lien on the property of the railroad company to a mortgage executed to the trust com: pany about two and one-half years prior thereto.
Read the full summary
Appeal from PowesMeh Circuit Coart. TnE petition state's that the defendant, Sloan, recovered a judgment in the circuit court in January, 1882, which, lie claims is a superior and prior lien on the property of the railroad company to a mortgage executed to the trust com: pany about two and one-half years prior thereto. It is further stated that the judgment was recovered for damages sustained by Sloan for a personal injury received by him while he was in the employ of a receiver, who was operating the road under the authority of the circuit court of the United States. It is farther stated…
1Opinion of the CourtSeevers, J.
1. MORTGAGE: mortgagee bound by deoree and order on which !mel1f°r’s based. I. A construction was placed on the order of the circuit court of the United States above referred to in the case of Sloan v. Central Iowa R'y Co., 62 Iowa, 728. Ihe order is there sufficiently set J out. It was there determined that the order included the claim-of Sloan, and that, as the railway company accepted the road and property *657under the order, it was bound by the conditions which constituted a vital part of the order. We are not disposed to depart from such ruling, but adhere thereto. The trust company knew,…
2Cases cited2 opinions
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Bucklew v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
3Cited by3 opinions
- Gilchrist v. Helena Hot Springs & Smelter R.U.S. Circuit Court for the District of Montana · 1893
- American Linseed Oil Co. v. CrumbineCourt of Appeals for the Eighth Circuit · 1913
- Missouri Pac. Ry. Co. v. Texas Pac. Ry. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1886