Railroad Co. v. James
Supreme Court of the United States
These were three appeals from the Circuit Court for Wisconsin. The case was this: On the 7th October, 1857, Cleveland recovered judgment for $111,727 against the La Crosse and Milwaukee Railroad Company.
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These were three appeals from the Circuit Court for Wisconsin. The case was this: On the 7th October, 1857, Cleveland recovered judgment for $111,727 against the La Crosse and Milwaukee Railroad Company. The legislature of Wisconsin, incorporating the road, provided that the title to lands which it might take in building its road, should, on its payment for them, “ vest in the said company in fee,” and provided also by general statute that rolling stock should be a fixture on any railroad, in connection with which it was used. Cleveland assigned his judgment to James. Subsequently to the…
1Opinion of the CourtJustice Nelson
The La Crosse and Milwaukee Company, by virtue of its charter and the proceedings under it, acquired a title in fee to the road-bed; and the rolling stock owned by it, and used and employed in connection with the road, is made a fixture by an express statute of the State of Wisconsin, and such, we think, is the law according to the true construction of the charter, independent of the statute. * By the statute law of Wisconsin judgments are liens on real estate, and we do not doubt but that this judgment became a lieu on the road from the time of its rendition, and that a sale under a decree…
2Cited by9 opinions
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- Howard v. Railway Co.Supreme Court of the United States · 1880
- Barnes v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of the United States · 1887
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1877
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