Legal Opinion

Blossom v. Railroad Co.

Supreme Court of the United States

Decided January 18, 1866PublishedCited by 60 opinions

The Milwaukee and Chicago Railroad having mortgaged their railx oad, and suit having been brought in the Federal court for "Wisconsin, to foreclose the mortgage, a decree was obtained that the mortgaged premises should be sold at public auction, under the direction of the marshal, unless the mortgagors, previously to such sale, should pay to the complainants the sum of $254,175 — the amount of the decree.

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The Milwaukee and Chicago Railroad having mortgaged their railx oad, and suit having been brought in the Federal court for "Wisconsin, to foreclose the mortgage, a decree was obtained that the mortgaged premises should be sold at public auction, under the direction of the marshal, unless the mortgagors, previously to such sale, should pay to the complainants the sum of $254,175 — the amount of the decree. The marshal, accordingly, offered the premises for sale on the 6th of June, 1862, but no bids being received, he adjourned it “ by direction of the complainant’s solicitor,” to the 19th of…

1Opinion of the CourtJustice Clifford

Respondents mortgaged their railroad to certain trustees as a security for moneys loaned and advances of various kinds, and to defray the current expenses of operating the railroad and of keeping the same in repair. Suit was brought by the trustees and certain creditors, named in the bill of complaint, to foreclose the mortgage for a breach of the conditions, and the cause proceeded to a decree of foreclosure and of sale. Substance of the decree was that the mortgaged premises should be sold at public auction, under the direction of the marshal of the district, unless the mortgagors should…

2Cases cited2 opinions

  1. Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
  2. Kelly v. IsraelNew York Court of Chancery · 1844

3Cited by60 opinions

  1. Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
  2. In Re: Nextwave Personal Communications, Inc. Debtor. Federal Communications Commission v. Nextwave Personal Communications, Inc.Court of Appeals for the Second Circuit · 1999
  3. United States Ex Rel. Federal Communications Commission v. GWI PCS 1 Inc. (In Re GWI PCS 1 Inc.)Court of Appeals for the Fifth Circuit · 2000
  4. In re Gil-bern Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
  5. Long v. PerineWest Virginia Supreme Court · 1895

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