Legal Opinion

Northern Alabama Ry. Co. v. Hopkins

Court of Appeals for the Fifth Circuit

Decided May 3, 1898No. 638PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Northern District of Alabama. Exceptions by J. Kennedy Tod, John G. Leiper, and the Northern Alabama Railway Company, as purchasers of the property of the Birmingham, Sheffield & Tennessee River Railroad Gompany at foreclosure sale, and by E. A. Hopkins, receiver of said company, to the master’s report, allowing fees and expenses to said receiver.

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Appeal from the Circuit Court of the United States for the Northern District of Alabama. Exceptions by J. Kennedy Tod, John G. Leiper, and the Northern Alabama Railway Company, as purchasers of the property of the Birmingham, Sheffield & Tennessee River Railroad Gompany at foreclosure sale, and by E. A. Hopkins, receiver of said company, to the master’s report, allowing fees and expenses to said receiver. The report was modified, and the Northern Alabama Railway Company appealed, and E. A. Hopkins filed a cross appeal.

1Opinion of the Court

PARDEE, Circuit Judge.

The Birmingham, Sheffield & Tennessee River Railroad Company, a corporation organized under the laws of Alabama, owned and operated a railroad from the town of Sheffield, .Via., to the town of Parish, on the line of the Georgia Pacific Railroad, running through some five counties in the state of Alabama. April 1, 1889, the said' company executed to the Knickerbocker Trust Company, a New York corporation, a deed of trust under which $2,975,000 of bonds were issued to the Sheffield & Birmingham Construction Company, which bonds were by the last-named company afterwards…

2Cases cited5 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Head v. HargraveSupreme Court of the United States · 1882
  3. Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
  4. Cowdrey v. Railroad Co.U.S. Circuit Court for the District of Eastern Texas · 1870
  5. Whitney v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1893

3Cited by2 opinions

  1. Clifford v. MontgomerySupreme Court of Alabama · 1919
  2. Deputy v. Delmar Lumber Manufacturing Co.Court of Chancery of Delaware · 1913

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