King v. Housatonic Railroad
Supreme Court of Connecticut
Scire Facias, upon a process of foreign attachment; brought to the Superior Court in Fairfield County, and tried to the court on the general issue with notice, before Beardsley, J. The following facts were found by the court.
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Scire Facias, upon a process of foreign attachment; brought to the Superior Court in Fairfield County, and tried to the court on the general issue with notice, before Beardsley, J. The following facts were found by the court. The New York, Housatonic & Northern Railroad Company, owning a railroad lying partly within this state and partly within the state of New York, on the first day of October, 1872, mortgaged all its corporate property and franchises to Erastus F. Mead and David S. Dunscomb, as trustees for the persons who might be holders of certain mortgage bonds, issued by the company…
1Opinion of the CourtHovey, J.
The proceedings below were upon a scire facias, to recover certain rents due from the defendants as lessees of the New York, Housatonic & Northern Railroad Company. The lease reserving the rents was executed on the 26th day of February, 1872, and was for the term of five years from the 1st day of March then next, when the defendants entered into possession under the lease. Subsequently, on or about the first day of October, 1872, the lessors, being the owners of the leased premises, mortgaged the same, with other p'roperty situate in the state of New York, to secure the payment of certain…
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