Legal Opinion

Railroad Company v. Soutter Et Al.

Supreme Court of the United States

Decided February 18, 1872PublishedCited by 57 opinions

Appeal from the Circuit Court for the District of Wisconsin. The Milwaukee and Minnesota Railroad Company filed a bill in equity, in June, 1859, against Soutter (survivor of Bronson), Russell Sage, and several other natural or individual persons, as also against the Milwaukee and St. Paul Railway Company, a corporation, to recover back certain large sums of money, amounting in all to $162,057.80, which they had paid into court, in December, 1865, in part liquidation of…

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Appeal from the Circuit Court for the District of Wisconsin. The Milwaukee and Minnesota Railroad Company filed a bill in equity, in June, 1859, against Soutter (survivor of Bronson), Russell Sage, and several other natural or individual persons, as also against the Milwaukee and St. Paul Railway Company, a corporation, to recover back certain large sums of money, amounting in all to $162,057.80, which they had paid into court, in December, 1865, in part liquidation of certain bonds held by the individual defendants, in this suit, which bonds had been issued by the La Crosse and Milwaukee…

1Opinion of the CourtJustice Bradley

The bare statement of the claim, even presenting it in the language of the bill itself, seems to us sufficient to condemn •it. Who are the complainants? Are they not the very bondholders, self-incorporated into a body politic, who, through their trustee and agent, effected the sale which was declared fraudulent and void, as against creditors, and made the purchase which has been set aside for that cause ? Was it ever known that a fraudulent purchaser of property, when deprived of its possession, could recover for his repairs or improvements, or for incumbrances lifted by him whilst in…

2Cited by57 opinions

  1. Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
  2. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  3. Loos v. . WilkinsonNew York Court of Appeals · 1889
  4. Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
  5. German Bank of Memphis v. United StatesSupreme Court of the United States · 1893

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