Legal Opinion

Epling v. Dickson

Illinois Supreme Court

Decided December 22, 1897PublishedCited by 24 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. The appellants, Floyd Epling and others, were owners of different lots abutting on a street in the town of Waverly on which the tracks of the St. Louis, Jersey ville and Springfield Railroad Company were constructed.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. The appellants, Floyd Epling and others, were owners of different lots abutting on a street in the town of Waverly on which the tracks of the St. Louis, Jersey ville and Springfield Railroad Company were constructed. After the track was finished the appellants brought separate actions at law for the injury to said lots, and on June 20, 1882, recovered judgment against the railroad company for various sums. Executions…

1Opinion of the CourtJustice Craig

As has been seen, after the appellants obtained judgment for damages to their property against the St. Louis, Jerseyville and Springfield Railroad Company, another corporation, the St. Louis, Alton and Springfield Railroad Company, acquired the property and franchise of the first named company, and executed two mortgages, one to the Farmers’ Loan and Trust Company and another to the Atlantic Trust Company, and the question presented by the record is, whether appellants are entitled to priority-in the payment of their judgments, as against the mortgagees, out of the fund arising from the sale…

2Cases cited3 opinions

  1. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
  2. Chicago & Eastern Illinois Railroad v. McAuleyIllinois Supreme Court · 1887
  3. Cook v. South Park CommissionersIllinois Supreme Court · 1871

3Cited by24 opinions

  1. City of Los Angeles v. AbbottCalifornia Supreme Court · 1932
  2. Feldman v. City of ChicagoIllinois Supreme Court · 1936
  3. Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's UnionDistrict Court, D. Hawaii · 1955
  4. Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
  5. Keller v. MillerSupreme Court of Colorado · 1917

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