McPherson v. Atlantic & Pacific Railroad
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. T. M. Rice, Judge. Plaintiffs recovered judgments against the defendant, the Osage Valley & Southern Kansas Railroad Company, for the aggregate sum of $8,384. Executions were issued and the Atlantic & Pacific Railroad Company was garnished as debtor to the defendant. The cases were afterward consolidated, and tried as one case.
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Appeal from Cooper Circuit Court. — Hon. T. M. Rice, Judge. Plaintiffs recovered judgments against the defendant, the Osage Valley & Southern Kansas Railroad Company, for the aggregate sum of $8,384. Executions were issued and the Atlantic & Pacific Railroad Company was garnished as debtor to the defendant. The cases were afterward consolidated, and tried as one case. It appeared by the pleadings and proofs that the Osage Valley & Southern Kansas Railroad Company had, in 1867, leased its unfinished road to the Pacific Railroad, which had finished it and afterward assigned its interest in tbe…
1Opinion of the CourtHenry, J.
— Whether the Osage Valley and Southern Kansas Railroad Company had capacity to execute the mortgage in question, and if it had, whether, under the mortgage, the mortgagee was entitled to the rents due from the Atlantic and Pacific Railroad Company, or which accrued after its execution, are questions which it is not necessary to determine in this cause, and would, therefore, he more appropriately decided in a suit between the mortgagee and the latter company. If the mortgage gave the mortagee a right to the rents, the plaintiffs were not entitled to the judgment they obtained. If it did not,…
2Cases cited1 opinion
- St. Louis v. RegenfussWisconsin Supreme Court · 1871
3Cited by16 opinions
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- Holker v. HennesseySupreme Court of Missouri · 1898
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