Louisville & Nashville R. R. v. Eakins
Court of Appeals of Kentucky
Case 104 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. 1. The special demurrer should have been sustained, because, under the terms of the deed of trust, the trustee only had the authority to enforce the provisions of the deed. And no reason is. shown why another trustee had not been selected by the bondholders in place of the one which had gone out of business.
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Case 104 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. 1. The special demurrer should have been sustained, because, under the terms of the deed of trust, the trustee only had the authority to enforce the provisions of the deed. And no reason is. shown why another trustee had not been selected by the bondholders in place of the one which had gone out of business. In. any event, all of the bondholders were necessary parties. 2. Under the provisions of sections 2487 and 2488, Kentucky Statutes, appellant had a lien for its claim for operating the Mammoth Cave R. R., and its lease having…
1Opinion of the Court
JUDGE DuRELLE.
delivered the opinion oe the couet.
This is an appeal from an order of the Barren Circuit Court appointing a receiver of the property of the Mammoth Cave Railroad Company and taking the road out of the hands of the Louisville & Nashville *749Railroad Company, which was operating it as lessee. The order was made on the application of the holders of certain bonds of the Mammoth Cave R. R. Co.
The petition alleges the execution of the lease by the Mammoth Cave R. R. Co. to the L. & N. R. R. Co. on September 15, 1886. By this lease, after a recital of the mutual benefits to be obtained by…
2Cases cited2 opinions
- Woolley v. HoltCourt of Appeals of Kentucky · 1879
- Owens v. RobertsCourt of Appeals of Kentucky · 1869
3Cited by8 opinions
- Producers' Coal Co. of Ky. v. BarnabyCourt of Appeals of Kentucky (pre-1976) · 1925
- Whittaker v. Farmers' Nat. Bank SomersetCourt of Appeals of Kentucky (pre-1976) · 1931
- McClure v. McGeeCourt of Appeals of Kentucky · 1908
- Mortgage Union of Penn. v. KingCourt of Appeals of Kentucky (pre-1976) · 1932
- Bradley v. BradleyCourt of Appeals of Kentucky · 1922
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