Farmers' Loan Co. v. Oregon Pacific Railroad
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is an appeal from an order confirming a sale of railway franchises and property on the foreclosure of a mortgage.
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Appeal from Benton: J. C. Fullerton, Judge. This is an appeal from an order confirming a sale of railway franchises and property on the foreclosure of a mortgage. The facts are that the plaintiff, having commenced a suit against the defendants, the Oregon Pacific Railroad Company and the Willamette Valley and Coast Railroad Company, to foreclose a mortgage given to secure the payment of bonds amounting to fifteen million dollars, a receiver was appointed, and on April twenty - seventh, eighteen hundred and ninety-one, the defendant companies having by their answers admitted the allegations of…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The respondents contend that because the defendant companies have admitted in their answers that they were insolvent, and that the value of their property and. franchises was insufficient to meet the payment of the bonds and overdue interest. coupons secured by the mortgage, and because no decree has been rendered against them for any deficiency after *61the sale of their property, and because they have not made any objections to the confirmation of the sale, they have no appealable interest, and are estopped by the order of confirmation; that none of the other…
2Cases cited3 opinions
- Ex Parte CarllSupreme Court of the United States · 1883
- Turner v. Indianapolis, B. & W. Ry. Co.U.S. Circuit Court for the District of Indiana · 1878
- Bound v. South Carolina Ry. Co.U.S. Circuit Court for the District of South Carolina · 1893
3Cited by19 opinions
- Churchill v. MeadeOregon Supreme Court · 1919
- Bechtel v. WierCalifornia Supreme Court · 1907
- Teachers' Retirement Fund Ass'n v. PirieOregon Supreme Court · 1935
- Totten v. TottenIllinois Supreme Court · 1921
- Union Trust Co. v. CurtisIndiana Supreme Court · 1914
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