Atchison, T. & S. F. Ry. Co. v. Osborn
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. On December 23, 18i>3, the Union Trust Company of New York, as trustee under the general mortgage before then made by the Atchison, Topeka & Santa Fe. Railroad Company filed its bill in the Circuit Court of the United States for the District of Kansas against the railroad company to foreclose the mortgage.
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Appeal from the Circuit Court of the United States for the District of Kansas. On December 23, 18i>3, the Union Trust Company of New York, as trustee under the general mortgage before then made by the Atchison, Topeka & Santa Fe. Railroad Company filed its bill in the Circuit Court of the United States for the District of Kansas against the railroad company to foreclose the mortgage. On that day an order was made in the cause appointing receivers to take possession of, hold, and manage the railroad pending the litigation. That order was first made upon a condition that all liabilities of the…
1Opinion of the CourtAdams, Circuit Judge
The deed from the original purchasers of the railroad to the appellant, the Atchison, Topeka & Santa Fé Railway Company, obligates it to pay all the debts and liabilities which the original purchasers were required to pay. Accordingly, our inquiry is limited to a consideration of the obligations imposed upon the original purchasers; and, as this depends upon the construction to be placed' upon the interlocutory and final decrees entered in the foreclosure suit, it becomes necessary to carefully consider them with the purpose of ascertaining their true meaning. In order to do so it is well…
2Cases cited13 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- Gregg v. Metropolitan Trust Co.Supreme Court of the United States · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- Pitcairn v. FisherCourt of Appeals for the Eighth Circuit · 1935
- Dam v. Kirke La Shelle Co.U.S. Circuit Court for the District of Southern New York · 1908
- In re Benwood Brewing Co.District Court, N.D. West Virginia · 1913
- Pennsylvania Steel Co. v. New York City Ry. Co.U.S. Circuit Court for the District of Southern New York · 1908
5 more not listed; retrieve them via the Exa API.