Ketchum v. Pacific R.
U.S. Circuit Court for the District of Eastern Missouri
[This was an intervening petition of St. Louis county in the chancery suit of George E. Ketchum and others against the Pacific Railroad Company. The intervener seeks to establish a charge against the railroad to have the earnings of the same appropriated to the payment of the interest on certain bonds of the county of St. Louis issued under authority of the legislature of Missouri, which bonds were loaned to the railroad company.
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[This was an intervening petition of St. Louis county in the chancery suit of George E. Ketchum and others against the Pacific Railroad Company. The intervener seeks to establish a charge against the railroad to have the earnings of the same appropriated to the payment of the interest on certain bonds of the county of St. Louis issued under authority of the legislature of Missouri, which bonds were loaned to the railroad company. There was a demurrer to the petition, which was overruled. Case No. 7,739. The case is now heard upon *petition, answer, reply thereto, and proofs taken.]
1Opinion of the Court
DILLON, Circuit Judge.
Since the demurrer to- the petition of the county was determined. the adverse parties in interest have answered, a reply has been filed, and proofs taken. The facts, as reported by the master, have been accepted by both parties as correct, and upon the question whether, under the legislation applicable to this transaction and upon these facts, the county has an equitable lien or charge upon the property sold under the decree, or upon the earnings of the railroad which was thus sold (all rights of the county having been fully reserved in the decree), elaborate arguments…
2Cases cited3 opinions
- Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1Supreme Court of the United States · 1884
- Ketchum v. St. LouisSupreme Court of the United States · 1880
- Pacific Railroad v. Missouri Pacific Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1881