Central Trust Co. v. Richmond, N., I. & B. R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. This was a suit by the Central Trust Company against the Richmond, Mcholasville, Irvine & Beattyville Railroad Company and others for the foreclosure of a mortgage. Numerous parties intervened, claiming mechanics’ liens on the road.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Kentucky. This was a suit by the Central Trust Company against the Richmond, Mcholasville, Irvine & Beattyville Railroad Company and others for the foreclosure of a mortgage. Numerous parties intervened, claiming mechanics’ liens on the road. Demurrers to some of such petitions were passed upon by the circuit court in a decision reported in 54 Fed. 723. The circuit court entered a Anal decree settling the priorities among the various claimants. The complainant appeals. The questions for determination arise between…
1Opinion of the CourtLtjrton, Circuit Judge
The first question presented upon the appeal of the Central Trust Company involves the existence of a mechanic’s Tien in favor of any of the subcontractors. The contention of the trust company is that the contract company agreed to accept for its work, bonds constituting a first lien upon the same property, and maturing 30 years from their date, and thereby waived any mechanic’s lien in its favor, and that subcontractors are bound by the waiver, and cannot assert any lien in consequence. It may be admitted that lien laws do not, in general, create a lien in favor of one who accepts in full a…
2Cases cited9 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
- McMurray v. BrownSupreme Court of the United States · 1876
- Green v. WilliamsTennessee Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Richmond & I. Const. Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
22 more not listed; retrieve them via the Exa API.