Cunningham v. MacOn & Brunswick Railroad
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA. The Macon and Brunswick Railroad Company ivas chartered by the legislature of Georgia in 1856. Acts of 1856,. No. 119, p. 181. By the act of December 3, 1866, the legislature of the State authorized the governor to endorse the bonds of the road to the extent of $10,000 per mile.
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA. The Macon and Brunswick Railroad Company ivas chartered by the legislature of Georgia in 1856. Acts of 1856,. No. 119, p. 181. By the act of December 3, 1866, the legislature of the State authorized the governor to endorse the bonds of the road to the extent of $10,000 per mile. The act reads as follows : “ An act to extend the aid of the State to 'the completion of the Macon and Brunswick railroad, and for other purposes. “ Whereas the Macon and Brunswick railroad has- been completed to the distance of…
1Opinion of the CourtJustice White
The case of the appellants rests upon two distinct legal propositions. The first one asserts their right to be subrogated to a mortgage security taken by the State of Georgia, and, by virtue of such subrogation, to enforce the mortgage against the property of the railway company. The other proposition is that they are direct mortgage creditors and have a specific mortgage lien upon the property of the company.
' A right of subrogation, such as is here claimed by the appellants, does not involve any direct lien in favor of the creditor, resulting from his position as such. It only exists in…
2Cases cited4 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Chamberlain v. St. Paul & Sioux City RailroadSupreme Court of the United States · 1876
- Collins v. RiggsSupreme Court of the United States · 1872
- Stevens v. MEMPHIS & CHARLESTON RAILROAD COMPANYSupreme Court of the United States · 1885
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- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- Fourth National Bank v. AlbaughSupreme Court of the United States · 1903
- Hamilton National Bank v. Hamilton Trust & Savings BankCourt of Appeals of Tennessee · 1926
- Weil v. Alabama State Land Co.District Court, N.D. Alabama · 1909