Mason v. York & Cumberland Railroad
Supreme Judicial Court of Maine
Bill in equity, heard on bill, answer and proof. The original bill makes Jeremiah M. Mason and others plaintiffs, and the York & Cumberland Railroad Company, John G-. Myers, and William Willis, James C. Churchill án athan L. Woodbury, defendants. ¡ bill then alleges that, on the sixth day of February, 1851, said corporation made a mortgage of its property t, said Myers,'and sets forth said deed in words and figures, the material parts of which are stated in the opinion.
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Bill in equity, heard on bill, answer and proof. The original bill makes Jeremiah M. Mason and others plaintiffs, and the York & Cumberland Railroad Company, John G-. Myers, and William Willis, James C. Churchill án athan L. Woodbury, defendants. ¡ bill then alleges that, on the sixth day of February, 1851, said corporation made a mortgage of its property t, said Myers,'and sets forth said deed in words and figures, the material parts of which are stated in the opinion. The bill then alleges that said mortgage was duly recorded, and, that at different dates, between the first day of February…
1Opinion of the Court
The opinion of the Court was drawn by
Appleton, J.
The rights and duties of the parties to this litigation can be best understood and most satisfactorily determined, by recurring to and examining, in the order of their execution, the several deeds and contracts in and by virtue of which they have their origin.
On the 5th August, 1850, John G. Myers & Co., entered into a contract with the York and Cumberland Railroad Company for the construction and equipment of their road, which was further modified, in writing, on 6th Eeb., 1851, when said Myers became the sole contracting party with the…
2Cases cited3 opinions
- Mills v. HoagNew York Court of Chancery · 1837
- Van Hook v. ThrockmortonNew York Court of Chancery · 1839
- In re HemiupNew York Court of Chancery · 1831
3Cited by7 opinions
- Reilly v. ReillyIllinois Supreme Court · 1891
- Straughan v. HallwoodWest Virginia Supreme Court · 1887
- Ross v. City of Ft. WayneU.S. Circuit Court for the District of Indiana · 1893
- Dees v. CookSupreme Court of Florida · 1909
- Dillon v. BarnardU.S. Circuit Court for the District of Massachusetts · 1874
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