Legal Opinion

Williamson v. New Jersey Southern Railroad

New Jersey Court of Chancery

Decided May 15, 1877Published

Bill to foreclose. On final hearing on pleadings and proofs.

1Opinion of the Court

The Chancellor.

The question as to the character of the rolling stock mortgaged to the complainant, whether it is personal property, or is to be regarded as real estate, as between mortgagees whose mortgage has not been filed, and execution creditors who have levied on the mortgaged property, is raised by the Lackawanna Coal and Iron Company, who recovered a judgment in the supreme court of this state against the railroad company for $42,285.68 on the 19th of January, 1874, and subsequently caused levies to be made,; under executions issupd thereon, upon the rolling stock/The rolling stock is…

2Cases cited10 opinions

  1. United States v. New Orleans RailroadSupreme Court of the United States · 1871
  2. Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
  3. Snedeker v. . WarringNew York Court of Appeals · 1854
  4. Hammett v. . LinnemanNew York Court of Appeals · 1872
  5. Haggerty v. PalmerNew York Court of Chancery · 1822

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