Continental Trust Co. v. Tallassee Falls Mfg. Co.
District Court, M.D. Alabama
Iii Equity. Suit by the Continental Trust Company against the Tal-lassee Falls Manufacturing Company, John R. Sayres, James D. Parks, and others. The bill in this cause was brought by the Continental Trust Company, a Maryland corporation, as trustee, on March 18, 1911, under a deed of trust in mortgage form, executed to it by the Mt. Vernon-Woodberry Cotton Duck Company, a Delaware corporation, to secure an issue of $8,000,000 of bonds.
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Iii Equity. Suit by the Continental Trust Company against the Tal-lassee Falls Manufacturing Company, John R. Sayres, James D. Parks, and others. The bill in this cause was brought by the Continental Trust Company, a Maryland corporation, as trustee, on March 18, 1911, under a deed of trust in mortgage form, executed to it by the Mt. Vernon-Woodberry Cotton Duck Company, a Delaware corporation, to secure an issue of $8,000,000 of bonds. John R. Sayres, James D. Parks, J. F. McCluskey, J. H. McBrayer, the Taliassee Falls Manufacturing Company, an Alabama corporation, and the Mt.…
1Opinion of the CourtHenry D. Clayton, District Judge
(after stating the facts as above). The bill in this case is framed on the theory that the possession of the land by Parks and Sayres and under the deeds made to them by Mrs. Du Bois, Mrs. Plolden, and Mrs. Minugh, constitute imminent waste of such land to the trust estate which was created by the mortgage and deed of trust from the Mt. Vernon-Woodberry Cotton Duck Company to the plaintiff, the Continental Trust Company, and that a court of equity ought to stay such waste.
Following appropriate allegations in the bill, the prayer is: (1) for injunction, pendente lite and perpetual, restraining…
2Cases cited42 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Payne v. HookSupreme Court of the United States · 1869
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
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3Cited by7 opinions
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Presbytery of Beaver-Butler of the United Presbyterian Church in the United States of America v. Middlesex Presbyterian ChurchCommonwealth Court of Pennsylvania · 1984
- Huff v. FordDistrict Court, S.D. Florida · 1923
- Connecticut General Life Ins. v. WeldonDistrict Court, M.D. Alabama · 1917
- Puget Sound Power & Light Co. v. City of SeattleDistrict Court, W.D. Washington · 1922
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