Knapp v. McAuley
Supreme Court of Vermont
[in chancery.] Bill in ChanceRY. The bill set forth the incorporation of the Western Vermont Railroad Company, the construction of the road, the mortgage of the same to the complainants as trustees, and the foreclosure of said mortgage; that in the original construction of the road the company took, in pursuance of the provisions of their charter, certain lands of the defendant McAuley, in Arlington, Vermont, and located and built their road thereon ; that before taking said…
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[in chancery.] Bill in ChanceRY. The bill set forth the incorporation of the Western Vermont Railroad Company, the construction of the road, the mortgage of the same to the complainants as trustees, and the foreclosure of said mortgage; that in the original construction of the road the company took, in pursuance of the provisions of their charter, certain lands of the defendant McAuley, in Arlington, Vermont, and located and built their road thereon ; that before taking said lands, McAuley agreed in writing to accept in payment therefor shares of the capital stock of the company, to an amount…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J. .
The bill in this case asks for a perpetual injunction upon the action of ejectment which is pending in the county court in favor of said McAuley v. The Western Vt. R. R. Co. and Clark.
The case before us embodies and presents the entire subject matter of that action at law ; and, in the relation the orators sustain to that subject matter, it is conceded that they have properly resorted to the court of chancery for the adjudication and final determination of the litigation.
We adopt and reassert the doctrine propounded in the case of McAuley…
2Cases cited1 opinion
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
3Cited by4 opinions
- Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
- George v. Consolidated Lighting Co.Supreme Court of Vermont · 1914
- Rutland Railroad v. ChaffeeSupreme Court of Vermont · 1899
- Austin v. Rutland R. Co.United States Circuit Court · 1883