Morrill v. Noyes
Supreme Judicial Court of Maine
On Report. Trover to recover the value of one locomotive, one passenger car, four platform cars, one box and two donkey cars. The writ was dated Sept. 25, 1860. Plea, general issue and joinder. To sustain their title, the plaintiffs put in a mortgage of the property in controversy, dated Dec. 3, 1853, duly executed and recorded, from the York & Cumberland Railroad Company to the plaintiffs.
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On Report. Trover to recover the value of one locomotive, one passenger car, four platform cars, one box and two donkey cars. The writ was dated Sept. 25, 1860. Plea, general issue and joinder. To sustain their title, the plaintiffs put in a mortgage of the property in controversy, dated Dec. 3, 1853, duly executed and recorded, from the York & Cumberland Railroad Company to the plaintiffs. In behalf of the plaintiffs, it appeared that the property was purchased and put upon their road by the company in different months in 1853; that, on Oct. 26 and 31, 1859, the plaintiffs took nominal…
1Opinion of the CourtDavis, J.
— This is an action of trover against the receiver of the York & Cumberland Railroad, to recover the value of a locomotive and several cars. The property in controversy was purchased in 1853, at different times, and mortgaged to the plaintiffs in December of that year.
Eeb. 6, 1851, the Railroad Company mortgaged to John Gr. Myers, their railroad, then in process of construction, with all their real and personal property, franchises, &c., "including all cars, engines, and furniture, that have been, or may be purchased for or by said company.” This mortgage to Myers was in trust, to secure the…
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