Legal Opinion

Dinsmore v. Racine & Mississippi Railroad

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 15 opinions

APPEAL from the Circuit Oourt for Racine County. This action was brought by Dinsmore, as trustee for the Walworth County Ban!?:, against the Racine and Mississippi Railroad Company and others, to foreclose a mortgage upon two hundred and eighty-five 60-100th acres of land in Racine county, alleged to have been executed by said company to one Allen, on the 2d day of December, 1857, to secure the payment of a note of said company for $7000, and which note and mortgage were…

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APPEAL from the Circuit Oourt for Racine County. This action was brought by Dinsmore, as trustee for the Walworth County Ban!?:, against the Racine and Mississippi Railroad Company and others, to foreclose a mortgage upon two hundred and eighty-five 60-100th acres of land in Racine county, alleged to have been executed by said company to one Allen, on the 2d day of December, 1857, to secure the payment of a note of said company for $7000, and which note and mortgage were afterward assigned by said Allen to the plaintiff, for the use of said bank. Among the defendants to the action, was the…

1Opinion of the Court

By the Court,

Cole, J.

In tire case of The Farmers' Loan & Trust Company vs. The Commercial Bank (unreported), we Rad occasion to consider, to some extent, the conditions of the mortgages made by the Racine & Mississippi R. R. Co. to the Farmers’ Loan & Trust Company, and to determine whether certain property in controversy between the bank and the loan and trust company, were embraced within the terms of those mortgages. The property in that case consisted of certain railroad chairs, or irons used in fastening down the rails, which were acquired by the railroad company subsequent to the…

2Cited by15 opinions

  1. Shirley v. Waco Tap Railway Co.Texas Supreme Court · 1889
  2. Zoldoske v. StateWisconsin Supreme Court · 1892
  3. Chapman v. Pittsburg & Steubenville R. R.West Virginia Supreme Court · 1885
  4. Langston v. StateWisconsin Supreme Court · 1973
  5. Boston & New York Air Line Railroad v. CoffinSupreme Court of Connecticut · 1882

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