Dixwell v. Jones
U.S. Circuit Court for the District of Eastern Missouri
The plaintiffs wore the mortgagees of property for the benefit of bondholders. The mortgage was executed by the South Pacific Railroad Company, and the property mortgaged is now owned by the Atlantic & Pacific Railroad Company. Jones, the defendant, as sheriff of Franklin county, seized the property for taxes due from the South Pacific Railroad Company, the mortgagor.
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The plaintiffs wore the mortgagees of property for the benefit of bondholders. The mortgage was executed by the South Pacific Railroad Company, and the property mortgaged is now owned by the Atlantic & Pacific Railroad Company. Jones, the defendant, as sheriff of Franklin county, seized the property for taxes due from the South Pacific Railroad Company, the mortgagor. The mortgagees, Dixwell & Bigelow, brought replevin, and the ease was submitted to the court upon an agreed statement of facts. The court gaye judgment against the plaintiffs on the ground that they had no right to the present…
1Opinion of the Court
TREAT, District Judge.
This is a suit brought by plaintiffs in'the form prescribed by the Missouri statutes, to recover possession of personal property, the form of action being a substitute for the old action of re-plevin. The plaintiffs are mortgagees of property now owned by the Atlantic &. Pacific Railroad, the mortgage iD express terms giving to the mortgagor the right of possession until default in payment of the principal or interest of the mortgage debt The doctrine in replevin is a familiar one, that plaintiff must not. only have a general or special property in the goods and…
2Cases cited4 opinions
- First Division of the St. Paul & Pacific Rail Road v. ParcherSupreme Court of Minnesota · 1869
- Gray v. ParkerSupreme Court of Missouri · 1866
- County Commissioners v. Franklin Rail RoadCourt of Appeals of Maryland · 1871
- Mayor of Jefferson ex rel. Pacific Railroad v. OpelSupreme Court of Missouri · 1872
3Cited by1 opinion
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1921