Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. This case was argued before six justices on the 14th of October, of' the present term. On the 19th of the same month it was ordered to' be reargued before a full bench. This was done on the 3d of December.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. This case was argued before six justices on the 14th of October, of' the present term. On the 19th of the same month it was ordered to' be reargued before a full bench. This was done on the 3d of December. The court, in delivering its opinion, stated the case as follows: This was an appeal from a final decree dismissing an intervening petition, filed December 21, 1878, by the Wiggins Ferry Company in a suit for the foreclosure of a mortgage upon the property of the Ohio and- Mississippi Kailway Company.…
1Opinion of the Court
Mr.- Justice Brqwn,
after stating the case, delivered the opinion of the court.
When the railway company became the purchaser at judicial sale of the property, assets and franchises of the railroad company, it found the latter in possession of a tract of land upon Bloody Island in the Mississippi Elver, making use of the same for its tracks, depots, warehouses and other terminal facilities, and also sending to and receiving from St. Louis at this point its passengers and freight by steamers not its own. It knew, or was bound to know, that this property did not .belong to the railroad company.…
2Cases cited15 opinions
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3Cited by174 opinions
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