Tod v. Kentucky Union Ry. Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the District of Kentucky. In Equity. Bill by J. Kennedy Tod & Co., the Central Trust Company of New York, and the Columbia Finance & Trust Company against the Kentucky Union Railway Company and others for the appointment of a receiver, foreclosure of mortgages, and sale of the property. Rosser & Coleman intervened by petition, claiming a superior lien as laborers and material men.
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Appeals from the Circuit Court of the United States for the District of Kentucky. In Equity. Bill by J. Kennedy Tod & Co., the Central Trust Company of New York, and the Columbia Finance & Trust Company against the Kentucky Union Railway Company and others for the appointment of a receiver, foreclosure of mortgages, and sale of the property. Rosser & Coleman intervened by petition, claiming a superior lien as laborers and material men. A demurrer to the petition was sustained. Thereupon the petitioners appealed, their cause being numbered 22. W. & A. C. Semple, Fairbank, Morse & Co., and…
1Opinion of the Court
Jackson, Circuit Judge.
The questions presented for decision in these cases relate to the respective rights and priorities of different lien claimants upon the property of the Kentucky Union Railway Company, which was chartered under the laws of Kentucky to construct, own, and operate a designated line of railway in said state, about 100 miles in *242length. Prior to 1883 about 15 miles of its road was completed and in operation. In order to raise funds with which to extend its line eastwardly and westwardly from the completed portion, said railway company, on July 2, 1888, executed a mortgage or…
2Cases cited3 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Davis v. AlvordSupreme Court of the United States · 1877
- Graham v. Mt. Sterling Coalroad Co.Court of Appeals of Kentucky · 1878
3Cited by14 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Arnold v. LawrenceSupreme Court of Colorado · 1923
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