Galveston Railroad v. Cowdrey
Supreme Court of the United States
Appeals from decrees in the Circuit Court for the Eastern District of Texas on bill and cross-bill. The bill was filed by Cowdrey and others, citizens of New York, against the Galveston, Houston, and Henderson Railroad Company; another company of the same name (the “successor company” of the one just mentioned); the Galveston and Houston Junction Railroad Company; one Nichols, and fourteen other .persons, all citizens of Texas (except one, who was a citizen of…
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Appeals from decrees in the Circuit Court for the Eastern District of Texas on bill and cross-bill. The bill was filed by Cowdrey and others, citizens of New York, against the Galveston, Houston, and Henderson Railroad Company; another company of the same name (the “successor company” of the one just mentioned); the Galveston and Houston Junction Railroad Company; one Nichols, and fourteen other .persons, all citizens of Texas (except one, who was a citizen of Massachusetts), for the foreclosure and sale of the railroad of the said Galveston, Houston, and Henderson company, with all its…
1Opinion of the CourtJustice Bradley
The first objection made by the defendants to the decree is, that the mortgages under which the complainants claim are not valid for want of capacity in the railroad company to make them. It is admitted that the charter authorizes the company to mortgage certain real estate, which it was authorized to acquire for the purpose of aiding in the construction or maintenance of the road. But they insist that this power applies to outside real estate procured as ancillary to the main design of building the road, and does not apply to the l’ight of way and track of.the railroad. But we think it is…
2Cited by163 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Handley v. StutzSupreme Court of the United States · 1891
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
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