Seibert v. Minneapolis & St. Louis Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Minneapolis & St. Louis Railway Company, from a judgment of the District Court of Hennepin County, Seagrave Smith, J., entered June 29, 1893, decreeing foreclosure of the Improvement and Equipment mortgage upon its railway and directing a sale of the property mortgaged. 'This action was commenced June 28, 1888, in the District Court of Hennepin County by Henry Seibert, trustee.
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Appeal by defendant, the Minneapolis & St. Louis Railway Company, from a judgment of the District Court of Hennepin County, Seagrave Smith, J., entered June 29, 1893, decreeing foreclosure of the Improvement and Equipment mortgage upon its railway and directing a sale of the property mortgaged. 'This action was commenced June 28, 1888, in the District Court of Hennepin County by Henry Seibert, trustee. By it he sought, .among other things, to obtain the appointment of a receiver to take possession of, manage and operate the Minneapolis and St. Louis Railway and appurtenant property pending…
1Opinion of the CourtCanty, J.
This is an action brought to foreclose a mortgage for $3,887,000 on tbe railroad franchises and property of tbe defendant tbe Minneapolis & St. Louis Railway Company, dated October 12, 1882, and made to tbe Central Trust Company, as trustee. The-plaintiff, Seibert, was subsequently substituted as trustee.
Tbe railroad of tbe mortgagor was built part at a time. After the first two divisions were built, each was mortgaged separately. A third mortgage was placed as a first lien on tbe next extension or third division, and also covered tbe first two divisions as a second lien. A fourth mortgage is…
2Cases cited11 opinions
- White v. MillerSupreme Court of Minnesota · 1893
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Canty v. LatternerSupreme Court of Minnesota · 1883
- Seibert v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1893
- Smith v. DennettSupreme Court of Minnesota · 1870
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3Cited by5 opinions
- Truesdale v. Farmers' Loan & Trust Co.Supreme Court of Minnesota · 1897
- Commonwealth Title Insurance & Trust Co. v. DokkoSupreme Court of Minnesota · 1898
- Rotzien-Furber Lumber Co. v. FransonSupreme Court of Minnesota · 1913
- Helm v. Smith-Fee Co.Supreme Court of Minnesota · 1900
- Norton v. WilkesSupreme Court of Minnesota · 1904