Pierce v. Milwaukee & St. Paul R. R. Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. On tLé first of April, 1856, the Milwaukee & Horicon Railway Company executed to one Lowry a mortgage of its road from Horicon to Berlin, the terms of which, are recited in the opinion. At that time the road was constructed in fact over certain lands belonging to the plaintiff, but the company had not acquired the right of way.
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. On tLé first of April, 1856, the Milwaukee & Horicon Railway Company executed to one Lowry a mortgage of its road from Horicon to Berlin, the terms of which, are recited in the opinion. At that time the road was constructed in fact over certain lands belonging to the plaintiff, but the company had not acquired the right of way. In June following, the plaintiff sold and conveyed to the company a strip five rods wide across his said lands, under and on each side of said road. The Lowry mortgage was foreclosed in 1868, and the purchasers at…
1Opinion of the CourtCole, J.
By" its charter, the Milwaukee & Horicon Railway Company was expressly authorized to borrow money, and to make and execute in its corporate name all necessary writings, notes, bonds and other papers, and also to execute and deliver “such securities, in amount and kind,” as might be deemed .expedient to secure such loans. Sec. 21, chap. 450, Laws of 1852. It therefore had full power to make and deliver the mortgage to Lowry, bearing date April 1, 1856. By that instrument the company mortgaged all its road, from the junction thereof with the La Crosse road, in or near the village of Horicon, to…
2Cases cited2 opinions
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Farmers' Loan & Trust Co. v. FisherWisconsin Supreme Court · 1863
3Cited by8 opinions
- Cornish v. FreesWisconsin Supreme Court · 1889
- Loomis v. Davenport & St. P. R. Co.United States Circuit Court · 1882
- Pumphrey v. ThreadgillCourt of Appeals of Texas · 1894
- Hand v. Savannah & Charleston RailroadSupreme Court of South Carolina · 1879
- Bell v. Chicago, St. Louis & New Orleans RailroadSupreme Court of Louisiana · 1882
3 more not listed; retrieve them via the Exa API.