Moore v. Southern States Land & Timber Co.
U.S. Circuit Court for the District of Southern Alabama
This was a suit in equity by George H. Moore and others against the Southern States Land & Timber Company, in which James McDonnell and others intervened. The cause was heard on exceptions filed by the interveners to the special master’s report.
1Opinion of the Court
TOLLMEN, District Judge.
The bill in this case is not strictly or technically a general creditors’ bill. Primarily, it is a bill for the foreclosure of a mortgage; but it avers the insolvency of the defendant corporation, and prays for a foreclosure of the mortgage, a marshaling of the assets of the corporation, and an ascertainment of its debts, and that the court will sell the property as an entirety (that uncovered as well as that covered by the mortgage lien), because its value largely depends on its “unity and integrity,” and further prays that the court will administer the estate as a…
2Cases cited4 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Jackson v. LaheeIllinois Supreme Court · 1885
- Ellicott v. United States InsuranceCourt of Appeals of Maryland · 1848
- George v. St. Louis Cable & W. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1890
3Cited by6 opinions
- Marshall v. Wabash Railway Co.Michigan Supreme Court · 1918
- Johnson v. GarnerDistrict Court, D. Nevada · 1916
- Interurban Const. Co. v. Central State Bank of KieferSupreme Court of Oklahoma · 1919
- West Virginia Utilities Co. v. Dura Glass Mfg. Co.West Virginia Supreme Court · 1925
- Britten v. Sheridan Oil Co.Supreme Court of Iowa · 1928
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