Gilman, Sons & Co. v. New Orleans & Selma Railroad
Supreme Court of Alabama
Appeal from the City Court of Selma, sitting in Equity. Heard before the Lion. W. C. Ward, as special judge, selected by the parties on account of the disqualification of the presiding judge of the court.
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Appeal from the City Court of Selma, sitting in Equity. Heard before the Lion. W. C. Ward, as special judge, selected by the parties on account of the disqualification of the presiding judge of the court. The original bill in this case was filed on the 10th October, 1877, by Eichard M. Eobertson, as a judgment-creditor of the New Orleans and Selma Eailroad Company and Immigration Association, a domestic corporation, which was alleged to be insolvent, and against which executions on complainant’s judgments had been returned “No property found;” against the said corporation, and against T. II.…
1Opinion of the CourtBrio Kell, C. J.
1. The original bill was filed by a judgment-creditor of the “Selma and,New Orleans Railroad Company and Immigration Association,” who had exhausted his remedies at law; and its main purpose was to remove, as an obstacle in the way of obtaining satisfaction of his judgment, a mortgage, or deed of trust upon the property of the company, given to secure bonds it had issued. The appellants, as holders of a number of these bonds, were made parties defendant; and they appeared and answered, affirming the validity of the bonds, and of the mortgage given as security for the payment; and also…
2Cases cited17 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Carpenter v. LonganSupreme Court of the United States · 1873
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- McClure v. Township of OxfordSupreme Court of the United States · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
17 more not listed; retrieve them via the Exa API.