Adams v. Mercantile Trust Co.
Court of Appeals for the Fifth Circuit
This is an appeal from an order of the circuit court of the United States for the Northern district of Florida. The facts in this case are substantially as follows: On the 19th of March, 1894, the Mercantile Trust Company, the appellee in this case, filed its bill in equity in the court below against the Jacksonville, Mayport & Pablo Railway & Navigation Company.
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This is an appeal from an order of the circuit court of the United States for the Northern district of Florida. The facts in this case are substantially as follows: On the 19th of March, 1894, the Mercantile Trust Company, the appellee in this case, filed its bill in equity in the court below against the Jacksonville, Mayport & Pablo Railway & Navigation Company. This bill set forth that the said railroad company had issued 250 bonds, and executed a mortgage to the appellee, to secure the payment of these bonds,, upon its entire line of railroad and all of its property, of every nature and…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The suit instituted by Broughton in the state court against the Jacksonville, Mayport & Pablo Railway & Navigation Company brought under the’ direct control of the court all the property of said railway company, to be administered for all entitled to share the fruits of the litigation. The possession and control of the railroad were absolutely necessary to the exercise of the jurisdiction of- the court. The filing of the bill, and the service of process thereunder, was an equitable levy upon the property. Miller v. Sherry, 2 Wall. 237; Railroad Co. v.…
2Cases cited25 opinions
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- James L. v. CarrylSupreme Court of the United States · 1858
- Wiswall v. SampsonSupreme Court of the United States · 1853
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3Cited by30 opinions
- Harkin v. BrundageSupreme Court of the United States · 1928
- Bryan v. SpeakmanCourt of Appeals for the Fifth Circuit · 1931
- Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
- O'Neil v. WelchCourt of Appeals for the Third Circuit · 1917
- Ward v. FoulkrodCourt of Appeals for the Third Circuit · 1920
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