United States Fidelity & Guaranty Co. v. United States & Mexican Trust Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Bill by the United States & Mexican Trust Company and others against the Kansas City, Mexico & Orient Railroad Company and others to foreclose a mortgage, in which the United States Fidelity & Guaranty Company intervenes.
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Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Bill by the United States & Mexican Trust Company and others against the Kansas City, Mexico & Orient Railroad Company and others to foreclose a mortgage, in which the United States Fidelity & Guaranty Company intervenes. From a decree of foreclosure, allowing the claim of the intervener as a general demand, but denying it as an equitable preference over the holders of bonds secured by the mortgage, the intervener appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal by the United States Fidelity & Guaranty Company, surety on a supersedeas bond of the Kansas City, Mexico & Orient Railroad Company, from a decree of the District Court allowing its claim in proceedings to foreclose the prior mortgage on the property of the Railroad Company as a general demand, but denying it an equitable preference over the holders of the bonds secured by the mortgage. The mortgage securing the bonds covered the property, the after-acquired property, and the in*239come of the Railroad Company. It was made and recorded about February 1,…
2Cases cited23 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pitcairn v. FisherCourt of Appeals for the Eighth Circuit · 1935
- American Surety Co. of New York v. Wabash Ry. Co.Court of Appeals for the Eighth Circuit · 1939
- Electric Reduction Co. of Canada v. CraneMississippi Supreme Court · 1960
- Southern Ry. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Fifth Circuit · 1936
- In re Central of Georgia Ry. Co.District Court, S.D. Georgia · 1942
4 more not listed; retrieve them via the Exa API.