Central Trust Co. v. East Tennessee, V. & G. Ry. Co.
U.S. Circuit Court for the District of Kentucky
In Equity. Bill by the Central Trust Company of New York against the East Tennessee, Virginia & Georgia Railway Company. Heard on a rule for attachment for contempt in violating an injunction.
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In Equity. Bill by the Central Trust Company of New York against the East Tennessee, Virginia & Georgia Railway Company. Heard on a rule for attachment for contempt in violating an injunction. Statement, by LURTON, Circuit Judge: The receivers appointed in this cause have, by petition, prayed for an attachment against certain persons for contempt, in bringing suits in other courts against them as receivers, and without leave of this court, in respect to certain ads and transaction's while carrying on the business of operating the railway line committed io their custody by this court. The…
1Opinion of the Court
LURTON, Circuit Judge.
The possession of property in the hands of a receiver, appointed in the exercise of a general equity jurisdiction, is the possession of the court. The receiver is but the agent of the court, appointed to hold the property until the court, shall determine ownership, or how the proceeds of its sale shall be *524divided among those interested therein. The general doctrine is thus stated in 2 Story, Eq. Jur. (13 th Ed.) 833a, where it is said, speaking of a receiver:
“For his possession is deemed the possession of the court, and the court will not permit itself to be made a…
2Cases cited13 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- In Re TylerSupreme Court of the United States · 1893
- Buck v. ColbathSupreme Court of the United States · 1866
- McNulta v. LochridgeSupreme Court of the United States · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Malott v. ShimerIndiana Supreme Court · 1899
- Central Trust Co. of New York v. Chattanooga, R. & C. R.U.S. Circuit Court for the District of Eastern Tennessee · 1895
- Bugg v. Consolidated Grocery Co.Supreme Court of Georgia · 1923
21 more not listed; retrieve them via the Exa API.