Farmers' Loan & Trust Co. v. Newman
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The case as stated by the court was as follows: This is an appeal from a final order setting .aside a sale, made under a decree of foreclosure, of certain mortgaged railroad property, as well as the confirmation thereof, and requiring the receiver, appointed in the foreclosure proceedings, •to regain possession of the property, unless the purchaser, before the expiration of a named…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The case as stated by the court was as follows: This is an appeal from a final order setting .aside a sale, made under a decree of foreclosure, of certain mortgaged railroad property, as well as the confirmation thereof, and requiring the receiver, appointed in the foreclosure proceedings, •to regain possession of the property, unless the purchaser, before the expiration of a named period, paid a claim of the present appellee, for $17,750, with interest thereon at the rate of six per cent per annum from…
1Opinion of the CourtJustice Harlan
From this history of the proceedings in the court below it satisfactorily appears:
1. That Newman, as trustee, had a lien upon the road south ^ of Lexington — the same leased by the • Lexington,: Lake and Gulf Railway Company to the Burlington and Southwestern Railway Company for the benefit of the Linneus Branch of the latter corporation — prior and paramount to that created by the mortgage for $1,600,000.
2. That after the court passed the decree of - foreclosure of May 19, 1876, the parties deemed it important to their interests that the road south of Lexington be completed for traffic…
2Cited by4 opinions
- County Corporation v. SemmesCourt of Appeals of Maryland · 1936
- Kansas City Southern Ry. Co. v. Southern Trust Co.Court of Appeals for the Eighth Circuit · 1922
- Boeing Air Transport, Inc. v. EdelmanDistrict Court, D. Wyoming · 1931
- Central Trust Co. v. Georgia Pac. Ry. Co.Court of Appeals for the Fifth Circuit · 1898