Canal Company's Case
Court of Appeals of Maryland
Appeal from an order of the Circuit Court for Washington County. A former appeal involving some of the questions arising on this appeal is reported in State v. Brown, 73 Md. 484. The decretal order entered on October 2, 1890, and affirmed in that case, by which trustees representing certain bondholders were authorized to take possession of the Chesapeake and Ohio Canal, and to repair and operate it as a waterway, provided as follows : “ Sixth.
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Appeal from an order of the Circuit Court for Washington County. A former appeal involving some of the questions arising on this appeal is reported in State v. Brown, 73 Md. 484. The decretal order entered on October 2, 1890, and affirmed in that case, by which trustees representing certain bondholders were authorized to take possession of the Chesapeake and Ohio Canal, and to repair and operate it as a waterway, provided as follows : “ Sixth. That if, at the end of four years from the first day of May next, there shall not have been tolls and revenues derived from the said canal, and -the…
1Opinion of the CourtFowler, J.
This appeal presents questions growing out of the controversy between the State of Maryland and various classes of creditors having liens against the Chesapeake and Ohio Canal, its property, franchises, revenues and tolls. The State is the largest creditor, and next to it stands the appellees, who represent the bonds issued under the Act of 1844, ch. 281, as well as those of-1878, ch. 58, generally known as repair bonds, which latter are conceded to be a prior lien on the canal, its property and revenues, so far at least as concerns the claim of either the State under its mortgages or of the…
2Cited by6 opinions
- Hill v. McConnellCourt of Appeals of Maryland · 1907
- Hurt v. Pennsylvania Threshermen & Farmers' Mutual Casualty InsuranceCourt of Appeals of Maryland · 1938
- Bernstein, Cohen & Co. v. StansburyCourt of Appeals of Maryland · 1913
- Cohill v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1939
- State v. CowenCourt of Appeals of Maryland · 1902
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