Tippett v. Barham
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Suit in equity by John A. Barham against the Peninsula Pure Water Company and causes consolidated therewith. Tippett and Wood, intervening petitioners, appeal from an order disallowing their claim to priority as creditors.
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Appeal from the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Suit in equity by John A. Barham against the Peninsula Pure Water Company and causes consolidated therewith. Tippett and Wood, intervening petitioners, appeal from an order disallowing their claim to priority as creditors. The question at issue upon this appeal arises between the holders of bonds of the Peninsula Pure Water Company issued under and secured by a mortgage to the Knickerbocker Trust Company and Tippett & Wood, the appellants. Hy deed bearing date Eebruary 1, 1906, and recorded in…
1Opinion of the CourtKerrer, District Judge
(after stating the facts as above). In the argument it was admitted tha,t if the standpipe which was the subject of the contract between appellants, Whetstone & Co. (the. general- subcontractors) and Peninsula Pure Water Company, became a fixture, so as to become annexed to the freehold, it would pass under the lien of the mortgage by virtue of the “after-acquired property” clause; ■■ but it was strenuously insisted that by the terms of the contract it is apparent that no such annexation was contemplated by the parties to that contract. We do not so understand this contract that the subject…
2Cases cited27 opinions
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- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Pennock v. CoeSupreme Court of the United States · 1860
- Dillon v. BarnardSupreme Court of the United States · 1875
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3Cited by12 opinions
- In re Williamsburg Knitting MillDistrict Court, E.D. Virginia · 1911
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- Stearns Lighting & Power Co. v. Central Trust Co.Court of Appeals for the Sixth Circuit · 1915
- St. Paul Electric Co. v. Baldwin Engineering Co.Supreme Court of Minnesota · 1924
- Holt v. HenleyCourt of Appeals for the Fourth Circuit · 1912
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