Mercantile Trust Co. v. Kanawha & O. Ry. Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. In Equity. Suit by the Mercantile Trust Company against the Kanawha & Ohio Railway Company and others for foreclosure of a mortgage. The Adams Express Company intervened hy petition, claiming a lien prior to the mortgage tor certificates issued to the express company by a receiver in a previous suit for foreclosure of a former mortgage on the same property.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. In Equity. Suit by the Mercantile Trust Company against the Kanawha & Ohio Railway Company and others for foreclosure of a mortgage. The Adams Express Company intervened hy petition, claiming a lien prior to the mortgage tor certificates issued to the express company by a receiver in a previous suit for foreclosure of a former mortgage on the same property. A decree was made declaring said certificates a first lien on the property. Complainant appeals. Statement by TAFT, Circuit…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts as above.) Two questions are presented for our consideration. The first one arises on the motion to dismiss, and the second on the merits.
First. It is argued that the decree of the circuit court, appealed from, affected equally the Kanawha & Ohio Railway Company and the Mercantile Trust Company, and that therefore, in order to give this court jurisdiction of the appeal, both the trust company and the railway company should have been made appellants, or some proceedings in the nature of a summons and severance against the railway company should have…
2Cases cited16 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Chae Chan Ping v. United StatesSupreme Court of the United States · 1889
- Wallace v. LoomisSupreme Court of the United States · 1878
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3Cited by58 opinions
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
53 more not listed; retrieve them via the Exa API.