McGourkey v. Toledo & Ohio Central Railway Co.
Supreme Court of the United States
APPEAL EROM THÉ CIRCUIT COURT OE THE UNITED STATES EOE THE NORTHERN DISTRICT OE OHIO. These were two intervening petitions, filed..by McGourkey as trustee for the holders of certain car-trust certificates, to compel the performance, by the receiver of the defendant railway company, of the covenants of certain leases made by the petitioner with said company, or. the delivery by the receiver to the petitioner of a large amount of rolling stock described in these leases, ih…
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APPEAL EROM THÉ CIRCUIT COURT OE THE UNITED STATES EOE THE NORTHERN DISTRICT OE OHIO. These were two intervening petitions, filed..by McGourkey as trustee for the holders of certain car-trust certificates, to compel the performance, by the receiver of the defendant railway company, of the covenants of certain leases made by the petitioner with said company, or. the delivery by the receiver to the petitioner of a large amount of rolling stock described in these leases, ih order that the same might be sold, and for an account and payment of the rental value of such rolling stock, while in the…
1Opinion of the Court
Mr. Justíce Brown,
after stating the case, delivered the opinion, of 'the court.
The controversy in this case turns principally upon the title of the petitioner McGourkey to the rolling stock in question, and upon the relative priorities of the holders of the car-trust certificates, whom he represents, and the purchasers of the railway, who succeeded tp the fights of the first mortgagees under the after-acquired property clause of the mortgage- • '(1) We aré confronted upon the threshold of the case with the proposition that the decree of June 9, 1885, ordering this' property to be turned over…
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