Legal Opinion

Thomas v. Brownville, Fort Kearney, & Pacific Railroad

Supreme Court of the United States

Decided December 17, 1883PublishedCited by 66 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF NEBRASKA. Bill -in equity to foreclose a railroad mortgage. Decree of sale and sale made. Then stockholders petition to intervene on the ground of fraud, and by permission intervened, praying to set aside the sale, and to have the mortgage decreed invalid. The decree below set aside the sale and decreed the bonds to be invalid. Appeal.

1Opinion of the CourtJustice Milter

This is an appeal from a decree of the Circuit Court for the. District of Nebraska, dismissing appellant’s bill for a foreclosure of a railroad mortgage.

The mortgage was made by the Brownville, Fort Kearney and Pacific Railroad Company to secure the payment of bonds issued by said company to certain persons who had contracted to build its road, and to' whom 610 of said bonds of $1,000 each had been delivered. There was a default in the payment of-these bonds. After they were executed and delivered, the Brownville and Fort Kearney R. R. Co. became consolidated under the laws of Nebraska with…

2Cases cited2 opinions

  1. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  2. Wardell v. Railroad Co.Supreme Court of the United States · 1881

3Cited by66 opinions

  1. Geddes v. Anaconda Copper Mining Co.Supreme Court of the United States · 1921
  2. Corsicana Nat. Bank of Corsicana v. JohnsonSupreme Court of the United States · 1919
  3. Crocker v. United StatesSupreme Court of the United States · 1916
  4. Northside Railway Co. v. WorthingtonTexas Supreme Court · 1895
  5. United States v. DunnSupreme Court of the United States · 1925

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