Schlesinger v. Kansas City & Southern Railway
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE WESTERN DISTRICT OE MISSOURI. This was an appeal from a decree dismissing, for want of equity, a bill brought by the appellants to subject, in satisfaction of their demand against the Kansas City and Southern Construction Company, certain railroad property in the possession of and claimed by the Kansas City and Southern Railway Company.
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APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE WESTERN DISTRICT OE MISSOURI. This was an appeal from a decree dismissing, for want of equity, a bill brought by the appellants to subject, in satisfaction of their demand against the Kansas City and Southern Construction Company, certain railroad property in the possession of and claimed by the Kansas City and Southern Railway Company. The facts, so far as it is necessary to state them, were as ■ follows: On the 11th day of January, 1877, the roadbed, masonry, rights of way, and appurtenances of the Kansas City, Memphis and Mobile…
1Opinion of the Court
.Mr. Justice Harlan,
after stating the case, delivered the opinion of the court.
No question is made as to the validity of Bancroft’s purchase of the property in dispute at the sale made under the order of the Circuit Court of the United States for the Western District of Missouri, sitting in bankruptcy. Indeed, all parties to the present controversy claim title under him.
We have seen that the title passed from him to Hanna, McLean, and himself, as trustees for those furnishing the money used in the purchase at the bankruptcy sále, and that those trustees conveyed to Brooks, January 13, 1880,…
2Cases cited2 opinions
- Farnsworth, Trustees v. Minnesota and Pacific Railroad CompanySupreme Court of the United States · 1876
- New Orleans Pacific Railway Co. v. United StatesSupreme Court of the United States · 1888
3Cited by7 opinions
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Moore v. SharpeSupreme Court of Arkansas · 1909
- Rannels v. RoweCourt of Appeals for the Eighth Circuit · 1906
- United States v. Oregon & C. R.U.S. Circuit Court for the District of Oregon · 1911
- City of Lincoln v. Lincoln St. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1896
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