Kennebec & Portland Railroad v. Portland & Kennebec Railroad
Supreme Judicial Court of Maine
Bill in equity against the Portland & Kennebec Railroad Company, John Patten and Marshal S. Hagar, trustees, Richard D. Rice, George P. Patten, William D. Sewall, Darius Alden, N. M. Whitmore, Geo. F. Shepley, J. B. Brown, and Horatio N. Jose. Case heard on bill, answer and proofs.
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Bill in equity against the Portland & Kennebec Railroad Company, John Patten and Marshal S. Hagar, trustees, Richard D. Rice, George P. Patten, William D. Sewall, Darius Alden, N. M. Whitmore, Geo. F. Shepley, J. B. Brown, and Horatio N. Jose. Case heard on bill, answer and proofs. The bill alleges, substantially, that in 1850, the plaintiff corporation was a legal corporation, owning and possessing a railroad extending from Augusta, through Brunswick and Yarmouth, to Portland, thence to a junction with the Portland, Saco & Portsmouth Railroad, at Cape -Elizabeth, with a branch from Brunswick…
1Opinion of the CourtKeNt, J.
The object and prayer, of this bill is, that the plaintiff corporation may be let in to redeem the mortgaged premises, viz., its road and all its corporate property, described in the deed to trustees for the benefit of what are termed the second mortgage bonds and bondholders.
Thepe is no question that the plaintiff corporation was the original owner of the road, and that it had the rights of a mortgager under the deed referred to. The question, if not the sole question before us is, whether that right of redemption has been legally and effectually foreclosed. If it has been, there would seem…
2Cited by7 opinions
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