Farmers' Loan & Trust Co. v. Toledo & S. H. R.
Court of Appeals for the Sixth Circuit
Appeal from tbe Circuit Court of the United States for the Western ¡/¡strict of Michigan. In Equity. Suit by the Farmers’ Loan & Trust Company against the Toledo & South Haven Railroad Company for foreclosure of a mortgage. Charles F. Young intervened, and claimed a lien upon the mortgaged property superior to that of the plaintiff. 43 Fed. Rep. 223. The circuit court sustained Young’s claim, and allowed his lien. Plaintiff appeals.
1Opinion of the Court
JACKSON, Circuit Judge.
The appellant, as trustee or mortgagee' under a trust deed or mortgage made and executed October 27, 1886, by the Toledo & South Haven Railroad Company, to secure the payment of its first mortgage coupon bonds, bearing 6 per cent, interest, to the amount of $216,000, of even date, brought this suit, at the instance and upon the demand of the holder of $210,000 of said bonds, to foreclose said mortgage; the mortgagor having made such default in the payment of the interest, warrants, or coupons on said bonds as entitled the holder of a majority thereof, under the terms of…
2Cases cited19 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
- Conrow v. . LittleNew York Court of Appeals · 1889
- May v. Le ClaireSupreme Court of the United States · 1871
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3Cited by7 opinions
- Kemmerer v. St. Louis Blast Furnace Co.Court of Appeals for the Eighth Circuit · 1914
- Gilchrist Transp. Co. v. Phenix Ins. Co.Court of Appeals for the Sixth Circuit · 1909
- Turner v. Metropolitan Trust Co.Court of Appeals for the Ninth Circuit · 1913
- McDougall v. Hazelton Tripod-Boiler Co.Court of Appeals for the Sixth Circuit · 1898
- Atlantic Trust Co. v. Woodbridge Canal & Irrigation Co.U.S. Circuit Court for the District of Northern California · 1897
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