Commonwealth Trust Co. v. Scott City Northern Railroad

The opinion of the court was delivered by

Benson, J.:

In an action to foreclose a mortgage made by the defendant railroad company to the plaintiff trust company, as trustee for bondholders, the trust company alleged that the defendant bank had unlawfully seized and sold upon execution a locomotive engine, a part of the mortgaged property.

At the trial the levy and sale were admitted and the only issue tried was the ownership of the engine. The bank contended that the engine belonged to the Kansas Construction and Irrigation Company, against which company the execution was issued, while the…