Glasscock v. South Morgantown Traction Co.
West Virginia Supreme Court
Appeal from Circuit Court, Monongalia County. Suit by William E. Glasscock and others, trustees, against the South Morgantown Traction Company and others, for ascertainment of liens, administration of trust, and appointment of receiver for the defendant. Exceptions to the commissioner’s report sustained, and a decree of preference awarded in favor of the city- of Morgantown, and plaintiffs appeal.
1Opinion of the Court
Poffenbarger, Judge:
This appeal involves only a question of priority of liens, the appellants denying the right of preference accorded the City of Morgantown, by the decree complained of. They contend that the city must take its place among the general *323creditors of the South Morgantown Traction Company, whose debts are all secured on a pro rata basis and without preference, by a deed of general assignment for their benefit. Before the assignment, there was but one admitted lien on any of the company’s property, and that was a vendor’s lien for $1,000.00, on a certain piece of real estate. The…
2Cases cited11 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Burnham v. BowenSupreme Court of the United States · 1884
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
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