Milwaukee & Minnesota Railroad v. Milwaukee & Western Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. The plaintiff sought in this action to avail itself of certain covenants of the defendant company in a deed of indenture entered into between the latter and the La Crosse & Milwaukee Eailroad Company, to whose rights in that behalf plaintiff claims to have succeeded.
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APPEAL from tbe Circuit Court for Dane County. The plaintiff sought in this action to avail itself of certain covenants of the defendant company in a deed of indenture entered into between the latter and the La Crosse & Milwaukee Eailroad Company, to whose rights in that behalf plaintiff claims to have succeeded. The complaint alleges the execution by the La Crosse & Milwaukee Eailroad Company, in 1858, of mortgages or trust deeds to William Barnes, as set forth in the report of the report of the preceding case, ante, p. Said mortgages covered the line of the company’s road from Milwaukee to…
1Opinion of the CourtCole, J.
It is not at once obvious upon wbat ground tbe plaintiff below is proceeding in tbis action. There are some allegations in tbe complaint which would authorize tbe inference tbat tbe plaintiff company, because it is largely composed of creditors of tbe La Crosse & Milwaukee Raih’oad Company, and has acquired tbe property bid in by tbe trustees at tbe sale under tbe Barnes mortgage, claims to have tbe right to object to and set aside all conveyances, negotiations, sales and transfers which have been made or suffered by tbe La Crosse & Milwaukee company, with intent to defraud its creditors; and…
2Cases cited6 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Otis v. SillNew York Supreme Court · 1849
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- Newman v. TymesonWisconsin Supreme Court · 1860
- Chynoweth v. TenneyWisconsin Supreme Court · 1860
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3Cited by15 opinions
- Gruber v. BakerNevada Supreme Court · 1890
- Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
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- Sargeant v. SolbergWisconsin Supreme Court · 1867
- Sanborn v. DoeCalifornia Supreme Court · 1891
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