Farmers' Loan & Trust Co. v. Denver, L. & G. R.
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the District of Colorado. These are appeals from a decree of foreclosure of a trust deed, which will hereafter be called a “mortgage,” made by the Denver, Lakewood & Golden Railroad Company on November 1, 1890, to the Farmers’ Loan & Trust Company, as trustee, to secure the payment of bonds to the Amount of $627,000. The subject of the controversy is seven acres of land in the city of Denver, which was not owned by the…
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Appeals from the Circuit Court of the United States for the District of Colorado. These are appeals from a decree of foreclosure of a trust deed, which will hereafter be called a “mortgage,” made by the Denver, Lakewood & Golden Railroad Company on November 1, 1890, to the Farmers’ Loan & Trust Company, as trustee, to secure the payment of bonds to the Amount of $627,000. The subject of the controversy is seven acres of land in the city of Denver, which was not owned by the railroad company when the mortgage was given, but which the trust company prayed the court to subject to the lien of its…
1Opinion of the CourtSanborn, Circuit Judge
On February 2, 1894, the Jefferson Investment Company held the legal title to the land here in controversy in trust (1) to pay $25,849, the unpaid part of its purchase price then evidenced by the notes and mortgage to Baker, and all moneys expended for the property; and (2) upon the repayment of these .amounts by the railroad company to convey the property to that corporation.
The Farmers’ Loan & Trust Company, under the after-acquired property clause of its deed of trust of 1890, had a lien upon the equitable title of the railroad company. It had a lien upon the right of the railroad company…
2Cases cited24 opinions
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836
- Fievel v. ZuberTexas Supreme Court · 1887
- Bank of the United States v. DonnallySupreme Court of the United States · 1834
- Central Trust Co. v. KneelandSupreme Court of the United States · 1891
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3Cited by37 opinions
- Texas Co. v. State & Duval County Ranch Co.Texas Supreme Court · 1955
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Columbian Nat. Life Ins. Co. v. BlackCourt of Appeals for the Tenth Circuit · 1929
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
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