Spence v. Mobile & Montgomery Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. John A. Foster. The bill in this case was filed on the 13th JTune, 1882, by Samuel Spence and E. H. Muse, against the Mobile and Montgomery Railway Company, the Louisville and Nashville Railroad Company (as lessee, and in possession of the road and other property of said former corporation), and the Alabama and Florida Railroad Company; and sought to declare and enforce, as a lien and charge on the property…
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Appeal from the Chancery Court of Montgomery. Heard before Hon. John A. Foster. The bill in this case was filed on the 13th JTune, 1882, by Samuel Spence and E. H. Muse, against the Mobile and Montgomery Railway Company, the Louisville and Nashville Railroad Company (as lessee, and in possession of the road and other property of said former corporation), and the Alabama and Florida Railroad Company; and sought to declare and enforce, as a lien and charge on the property which had once belonged to the railroad company last named, and which the other companies claimed and held as derivative…
1Opinion of the CourtStone, C. J.
Two railroad corporations- — the Alabama and Florida Eailroad Company of Alabama, and the Mobile and Great Northern Eailroad Company- — -had separate meetings of their stockholders, and at such separate meetings, each of said corporations agreed - to a common basis of consolidation, submitted to them, by which they became one corporation under the new name, “ The Mobile and Montgomery Eailroad Company.” The proposition, thus submitted and acted on, contained a statement of what purported to be the financial condition of each of the corporations. The Alabama and Florida Eailroad Company was…
2Cases cited33 opinions
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