Atlantic Trust Co. v. Dana
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. Primarily, these' appeals present a controversy between a second mortgagee and two judgment creditors over the income of mortgaged property, a waterworks plant in Topeka, Kan.
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Appeal from the Circuit Court of the United States for the District of Kansas. Primarily, these' appeals present a controversy between a second mortgagee and two judgment creditors over the income of mortgaged property, a waterworks plant in Topeka, Kan. Tbe Topeka Water Supply Company, through an ordinance of the city of Topeka, obtained the privilege of-constructing and maintaining a waterworks plant in that city, upon condition that it would supply the city and its inhabitants with water upon terms prescribed in the ordinance. By tbe terms of tbe ordinance the city rented from the water…
1Opinion of the CourtVan Devanter, Circuit Judge
i. The statutes of Kansas (sections 4883, 4889, Gen. St. 1901) restrict to a period of one year the time for reviving judgments “where either or both parties die after judgment and before satisfaction thereof/’ The water company was dissolved in May, 1898, by a judgment in quo warranto, and the interveners, Dana and Whiting, have taken 110 steps in the stale court wherein their judgments were obtained to revive them against tlie receiver. Upon these facts the trust company' strongly urges that these judgments have become mere nullities, and form no basis for the relief sought. Such a result…
2Cases cited68 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Davis v. GraySupreme Court of the United States · 1873
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Porter v. SabinSupreme Court of the United States · 1893
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
63 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Maryland Casualty Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- Mortgage Loan Co. v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
- Prudential Ins. Co. of America v. Liberdar Holding Corp.Court of Appeals for the Second Circuit · 1934
- View Crest Garden Apartments, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
39 more not listed; retrieve them via the Exa API.