United States & Mexican Trust Co. v. Kansas City, M. & O. Ry. Co.
District Court, D. Kansas
In Equity. Suit by the United States & Mexican Tru'st Company and others against the Kansas City, Mexico & Orient Railway Company and others to foreclose a mortgage given to secure corporate bonds in which a receiver was appointed and a decree of foreclosure and sale entered.
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In Equity. Suit by the United States & Mexican Tru'st Company and others against the Kansas City, Mexico & Orient Railway Company and others to foreclose a mortgage given to secure corporate bonds in which a receiver was appointed and a decree of foreclosure and sale entered. On petition in intervention by Charles A. Young, as trustee in bankruptcy of the Union Construction Company, and another, to be declared entitled to certain bonds secured by the mortgage and in possession of the court.
1Opinion of the Court
POLLOCK, District Judge.
The facts out of which this controversy arises, briefly stated, may be summarized as follows:
As pleaded in the bill of complaint filed for foreclosure in this case by the trustee for the first mortgage bondholders, the trustee had theretofore certified arid there was outstanding entitled to participate in tire security afforded by the first mortgage sought to be foreclosed 24,538 bonds of the denomination of $1,000 each, and in the decree of foreclosure heretofore entered the mortgage debt is estimated and stated to be, exclusive of interest, $24,538,000. However, as a…
2Cases cited6 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Duel v. HollinsSupreme Court of the United States · 1916
- Claflin v. South Carolina R.U.S. Circuit Court for the District of South Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sexton v. American Trust Co.Court of Appeals for the Eighth Circuit · 1930