Legal Opinion

Hatry v. Painesville & Youngstown Railway Co.

Lake County Circuit Court

Decided February 15, 1886Published

The facts are stated in the opinion. Appeal from the Court of Common Pleas.

1Opinion of the Court

Taubie, J.*

This case comes into this court by appeal, and it is brought to settle the priority of liens upon, and to have a sale ot the Painesville & Youngstown Railway, which has been for a long time in the hands of R. R. Paige as receiver. There are two mortgages upon the railway, the first one of which only will be noticed, as all the controverted questions in the case arise in connection with, and as against this mortgage. This mortgage was executed immediately upon the organization of the company to John D. Hill, trustee, to secure the bonds of *241the company to the amount of $400,000.00,…

2Cases cited8 opinions

  1. Harris v. FlyNew York Court of Chancery · 1839
  2. Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
  3. Pinchain v. CollardTexas Supreme Court · 1855
  4. Nichols v. GloverIndiana Supreme Court · 1872
  5. Latham v. StaplesSupreme Court of Alabama · 1871

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