Ketchum v. Mobile & O. R.
U.S. Circuit Court for the District of Southern Alabama
Heard on motion for the appointment of a receiver of the property and effects of the defendant railroad company. The facts, so far as necessary to the decision of the motion, were as follows: The Mobile & Ohio Railroad Company was an Alabama corporation, having its principal office at Mobile.
Read the full summary
Heard on motion for the appointment of a receiver of the property and effects of the defendant railroad company. The facts, so far as necessary to the decision of the motion, were as follows: The Mobile & Ohio Railroad Company was an Alabama corporation, having its principal office at Mobile. On the first day of November, A. D. 1853, said company executed its deed of trust, conveying to Morris Ketchum and John J. Palmer, then of New York, and William R. Hallett, then of Mobile, and Jo the survivors and successors of them in fee simple, all its railroad property and franchises in trust to…
1Opinion of the Court
AA’OODS, Circuit Judge.
Complainant’s claim is that he is still trustee under the deed of trust, and that Duncan and Elliott are not; that the proceedings in the Mobile chancery court which took place during the war of the Rebellion, and while he was a citizen oí, and actually residing in New York, were entirely ineffectual to remove him from his trusteeship, which was not only an office but an estate, and were absolutely null and void; that the court, by the publication of a notice which could not lawfully reach him. acquired no jurisdiction over his person, and *417that its proceedings and…
2Cases cited1 opinion
- McCosker v. BradyNew York Court of Chancery · 1846
3Cited by3 opinions
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- Busch v. SchuttlerAppellate Court of Illinois · 1919
- Austin v. AustinNebraska Supreme Court · 1885