Wilmington & Weldon Railroad v. Burnett
Supreme Court of North Carolina
Civil action for injunction heard before Adams, J., at April Term, 1898, of New Hanover Superior Court. There was a restraining order issued, and order directing the defendants to show cause why an injunction to the hearing should not be granted enjoining them from selling under execution property claimed by plaintiffs under the following circumstances : The W. N & N. Railway Company operating a line between Wilmington and Newbern on 12 January, 1891, executed' a mortgage…
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Civil action for injunction heard before Adams, J., at April Term, 1898, of New Hanover Superior Court. There was a restraining order issued, and order directing the defendants to show cause why an injunction to the hearing should not be granted enjoining them from selling under execution property claimed by plaintiffs under the following circumstances : The W. N & N. Railway Company operating a line between Wilmington and Newbern on 12 January, 1891, executed' a mortgage conveying its property to secure its bonds. Default having been made the trustee on 13 March, 1897, instituted a suit in…
1Opinion of the Court
Fürchbs, J.:
The Wilmington, Newbern & Norfolk Railway Company, a corporation in this State, on the 12th day of January, 1891, executed a trust deed or mortgage to the State Trust Company of New York to secure certain bonds issued by said corporation. Default being made in the payment of said bonds, as provided in the mortgage, suit was commenced in the Circuit Court of the United States at Wilmington, N. C., on the 13th day of March, 1897, for a foreclosure and sale of the mortgaged property. A receiver was appointed who took possession of the same, a decree of foreclosure was had, and on the…
2Cases cited3 opinions
- Pocahontas Coal Co. v. Henderson Electric Light & Power Co.Supreme Court of North Carolina · 1896
- Langston v. Greenville Land & Improvement Co.Supreme Court of North Carolina · 1897
- B., C. R. & N. R. Co. v. VerrySupreme Court of Iowa · 1878
3Cited by12 opinions
- Union Trust Co. v. Southern Sawmills & Lumber Co.Court of Appeals for the Fourth Circuit · 1908
- Clement v. KingSupreme Court of North Carolina · 1910
- Harden v. . RailroadSupreme Court of North Carolina · 1901
- Harden v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Helsabeck v. . VassSupreme Court of North Carolina · 1929
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