Legal Opinion

Miller v. Rutland & Washington Railroad

Supreme Court of Vermont

Decided November 15, 1867PublishedCited by 6 opinions

' Appeal from a pro forma decree of the court, of chancery, ordered at the Rutland county court, March Term, 1867, Kellogg, Chancellor. The bill in this case was originally brought for a foreclosure of the first mortgage on the Rutland. & Washington Railroad. Answers and a cross-bill were filed, and voluminous testimony taken; and an appeal having been taken to the supreme court, a final decree for foreclosure, &c., in favor of the orators, was then ordered.

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' Appeal from a pro forma decree of the court, of chancery, ordered at the Rutland county court, March Term, 1867, Kellogg, Chancellor. The bill in this case was originally brought for a foreclosure of the first mortgage on the Rutland. & Washington Railroad. Answers and a cross-bill were filed, and voluminous testimony taken; and an appeal having been taken to the supreme court, a final decree for foreclosure, &c., in favor of the orators, was then ordered. See .the case as reported, 36 Vt. 452. Upon the case being remanded to the court of chancery to carry this decree into effect, it was…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

It having been heretofore decided in this cause that the mortgage, called the first mortage of the Rutland & -Washington Railroad Company, to foreclose which this suit is prosecuted, is valid in equity as against the corporation and the subsequent incumbrances, the questions now presented arise upon the master’s report, and only affect the amount due upon the mortgage.

The first question arises upon an objection to the allowance of twenty-two coupons presented by Jonas Clark, seven of which were detached from bond No. 125, being coupons due and…

2Cases cited1 opinion

  1. Sewall v. BrainerdSupreme Court of Vermont · 1865

3Cited by6 opinions

  1. Union Trust Co. v. Monticello & Port Jervis Railway Co.New York Court of Appeals · 1875
  2. Sargent v. BaldwinSupreme Court of Vermont · 1887
  3. Haven v. Grand Junction Railroad & Depot Co.Massachusetts Supreme Judicial Court · 1871
  4. Carson v. NuzmanSupreme Court of Kansas · 1925
  5. Stevens v. New York & O. M. R.U.S. Circuit Court for the District of Southern New York · 1876

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