Schmidt v. Louisville, Cincinnati & Lexington Railway Co.
Court of Appeals of Kentucky
(Case 24 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The order of the lower court refusing to permit appellants’ ■amended petition seeking 'to make the L. & N. R. Co. a party defendant to the action, was a final order from which an appeal may he prosecuted. (Berry v. Hamilton, 1 Bush, 361, 91 Ky., 258.) 2. A lien created by mortgage on earnings may be enforced an the hands of the mortgagor’s vendee. (Rutten v. U. P. R. Co., 17 Fed.
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(Case 24 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The order of the lower court refusing to permit appellants’ ■amended petition seeking 'to make the L. & N. R. Co. a party defendant to the action, was a final order from which an appeal may he prosecuted. (Berry v. Hamilton, 1 Bush, 361, 91 Ky., 258.) 2. A lien created by mortgage on earnings may be enforced an the hands of the mortgagor’s vendee. (Rutten v. U. P. R. Co., 17 Fed. Rep., 480.) 3. Where a person actually .interested in the subject-matter (a fortiori where he is the only person…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
The appellant, Schmidt, over ten years ago, as trustee under the mortgage executed by the northern division of the Cumberland & Ohio Railroad Co., brought suit against the Louisville, Cincinnati & Lexington Railway Co. upon a *145contract of lease between the Cumberland & Ohio Railroad Co. and the Louisville, Cincinnati & Lexington Railway Co., whereby the former company leased its railroad to the latter for thirty years, and the latter company, in the event that the net earnings of the leased road were insufficient to pay the interest and provide,…
2Cases cited17 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Beloit v. MorganSupreme Court of the United States · 1869
- Wilson's v. DeenSupreme Court of the United States · 1887
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
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3Cited by25 opinions
- Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
- Prewitt v. WilbornCourt of Appeals of Kentucky · 1919
- Hopkins v. JonesCourt of Appeals of Kentucky · 1921
- Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
- Ocean Accident & Guarantee Corp. v. FelgemakerCourt of Appeals for the Sixth Circuit · 1944
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