Legal Opinion

Colt v. Barnes

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 6 opinions

Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 3d November, 1877, "by William H. Barnes and Henry Clews, as trustees under .a deed of trust executed by the East Alabama and Cincinnati Railroad Company, for the benefit of the holders of its first mortgage bonds.

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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 3d November, 1877, "by William H. Barnes and Henry Clews, as trustees under .a deed of trust executed by the East Alabama and Cincinnati Railroad Company, for the benefit of the holders of its first mortgage bonds. The deed, which was made an exhibit to the bill, conveyed the franchises and all the property of tbe railroad company to said trustees, “ in trust, and upon the trusts, uses and purposes hereinafter expressed, of and concerning tbe same, for the benefit and security of…

1Opinion of the CourtBrickell, C. J.

The original bill was filed by William H. Barnes and Henry Clews, as trustees in a mortgage executed on the first day of July, 1870, by the East Alabama and Cincinnati Railroad Company, to secure the payment of bonds to the amount of three millions five hundred thousand dollars, the company proposed to issue and negotiate, for *119the purpose of borrowing money to aid in the construction, completion, and equipment of a railroad from Eufaula to Guntersville in this State. The bonds were prepared with the view of obtaining the indorsement of the State, under the act of the General Assembly,…

2Cases cited10 opinions

  1. Knighton v. CurrySupreme Court of Alabama · 1878
  2. Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
  3. Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
  4. County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
  5. Troy v. Smith & ShieldsSupreme Court of Alabama · 1859

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3Cited by6 opinions

  1. Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
  2. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
  3. Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
  4. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882
  5. Daniel v. HuntSupreme Court of Alabama · 1884

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