Legal Opinion

Coe v. East & W. R. Co.

U.S. Circuit Court for the District of Southern Alabama

Decided January 12, 1892PublishedCited by 5 opinions

In Equity. Bill filed by the American Loan & Trust Company, trustee, for which company George S. Coe was substituted, pending the suit, as trustee and complainant, against the East & West Railroad Company of Alabama and others, to foreclose the first consolidated mortgage of said railroad company, for the equal benefit of the holders of its bonds, to the number of 1,750; and auxiliary bill by Grant Bros, and others against the same defendants and James W. Schley, an…

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In Equity. Bill filed by the American Loan & Trust Company, trustee, for which company George S. Coe was substituted, pending the suit, as trustee and complainant, against the East & West Railroad Company of Alabama and others, to foreclose the first consolidated mortgage of said railroad company, for the equal benefit of the holders of its bonds, to the number of 1,750; and auxiliary bill by Grant Bros, and others against the same defendants and James W. Schley, an intervening judgment creditor, to declare void 966 of the bonds, and to foreclose said mortgage for the benefit of the holders…

1Opinion of the Court

Pardee, Circuit Judge.

The American Loan & Trust Company, in June, 1888, filed its bill to foreclose the consolidated first mortgage of the East & West Railroad Company of Alabama, for the equal benefit of the holders of all or any of its bonds. The bill alleged that the railroad *533company had disposed of 1,7 50 of said bonds to bona fide holders for value, and that all of said 1,750 bonds were valid. The bill also disclosed the fact that the mortgaged premises were in the hands of a receiver appointed by this court. It prayed foreclosure and sale of the property for the payment of the said…

2Cases cited14 opinions

  1. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  2. Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
  3. Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
  4. Graham v. Railroad Co.Supreme Court of the United States · 1880
  5. Richardson's v. GreenSupreme Court of the United States · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McKee v. Title Insurance Etc. Co.California Supreme Court · 1911
  2. Salina National Bank v. PrescottSupreme Court of Kansas · 1899
  3. Clinton Mining & Mineral Co. v. JamisonCourt of Appeals for the Third Circuit · 1919
  4. Gould Copper Mining Co. v. WalkerArizona Supreme Court · 1915
  5. Hudson River & Washington County Midland Railroad v. HanfieldAppellate Division of the Supreme Court of the State of New York · 1899

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