City of Eau Claire v. Payson
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Western District'of Wisconsin. . This suit was brought by the trustee in a deed of trust executed by the Eau Claire Waterworks Company to secure a series of bonds, and by holders of the bonds, for the purpose of obtaining a decree of foreclosure.
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Appeal from the Circuit Court of the United States for the Western District'of Wisconsin. . This suit was brought by the trustee in a deed of trust executed by the Eau Claire Waterworks Company to secure a series of bonds, and by holders of the bonds, for the purpose of obtaining a decree of foreclosure. Besides the water company, the city of Eau Claire was made a defendant, and relief asked against it on the ground that by the ordinance under which the waterworks were constructed the city became bound to levy a special annual tax for the payment of hydrant rentals, the proceeds of the tax to…
1Opinion of the CourtWoods, Circuit Judge
The objections to the jurisdiction of the court below over the city of Eau Claire as a defendant seem to he insuperable. The demand against the city is a purely legal one, upon the contract made with the water company. The trustee in the deed of trust has no title to that contract, or right to sue for money due upon it, except as assignee of the waterworks company; the assignment being by force of the trust deed,” which in terms conveyed and assigned to the trustee “rents, revenues, income” then owing, or thereafter to be acquired, “and all rights” of the water company “to collect all tolls,…
2Cases cited8 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Forgay v. ConradSupreme Court of the United States · 1848
- Williams v. MorganSupreme Court of the United States · 1884
- Stovall v. BanksSupreme Court of the United States · 1871
- The Farmers'loan and Trust Co.Supreme Court of the United States · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Beneficial Industrial Loan Corp. v. SmithCourt of Appeals for the Third Circuit · 1948
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- United States v. 243.22 Acres of LandCourt of Appeals for the Second Circuit · 1942
- Kalanianaole v. Liliuokalani ex rel. AndrewsHawaii Supreme Court · 1916
- United States v. 243.22 Acres of Land in Town of BabylonCourt of Appeals for the Second Circuit · 1942
4 more not listed; retrieve them via the Exa API.