Legal Opinion

Brockert v. Iowa Central Railway Co.

Supreme Court of Iowa

Decided December 19, 1894PublishedCited by 4 opinions

Appeal from Louisa District Court. — How. A. R. Dewey, Judge. Action in equity to compel the payment of a judgment. Trial to the court, and decree for plaintiff. Defendant appeals. It appears that one Dudley was a receiver of a railroad, under the appointment of the United States Circuit Court in Iowa, in a case pending therein wherein the Central Trust Company was plaintiff and the Iowa Central Kailway Company was defendant.

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Appeal from Louisa District Court. — How. A. R. Dewey, Judge. Action in equity to compel the payment of a judgment. Trial to the court, and decree for plaintiff. Defendant appeals. It appears that one Dudley was a receiver of a railroad, under the appointment of the United States Circuit Court in Iowa, in a case pending therein wherein the Central Trust Company was plaintiff and the Iowa Central Kailway Company was defendant. Said Dudley was appointed as such receiver of the railway now owned by this defendant in December, 1886, and during the same month there was killed upon said railway an…

1Opinion of the CourtKinne, J.

I. We think it appears from the pleadings that the defendant herein acquired title to the property of the Iowa Central Railway Company prior to the date of the rendition of plaintiff’s judgment against the receiver. The sale appears to have been made long before the judgment was rendered, but the receiver’s accounts were not settled, and a formal order made releasing him, and turning over the property in his hands, until after the judgment had been rendered. *135The order of the court made in pursuance of the sale in part reads as follows: “Forthwith deliver and turnover to the said Iowa Central…

2Cases cited4 opinions

  1. Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
  2. Jeffrey v. MoranSupreme Court of the United States · 1879
  3. B., C. R. & N. R. Co. v. VerrySupreme Court of Iowa · 1878
  4. White v. K. & D. M. R.Supreme Court of Iowa · 1879

3Cited by4 opinions

  1. Hanlon v. SmithDistrict Court, N.D. Iowa · 1909
  2. Winter v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
  3. Atchison, Topeka & Santa Fe Railway Co. v. YoungCourt Of Appeals Of Indian Territory · 1899
  4. Mendenhall v. Chicago, Great Western RailroadSupreme Court of Iowa · 1912

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