Rumsey v. Peoples Railway Co.
Supreme Court of Missouri
'Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The final decree is erroneous in foreclosing the third deed of trust and ordering a sale for the full amount of the bonds and interest, secured by the third deed of trust, and actually issued.
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'Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The final decree is erroneous in foreclosing the third deed of trust and ordering a sale for the full amount of the bonds and interest, secured by the third deed of trust, and actually issued. Rumsey v. Peoples Railway Co., 144 Mo. 189; Lacoss v. Keegan, 2 Ind. 406; King v. Longworth, 7 Ohio 231; Union Trust Co. v. Railroad, 5 Dill. 1; Taggart v. San Antonio Ridge D. & M. Co., 18 Cal. 460; Haynes v. Searchrest, 13 la. 455; Hunt v. Dohrs, 39 Cal. 304; Railroad v. Eosdick, 106 U. S. 47. (a) No bondholder can declare…
1Opinion of the CourtBhegess, J.
This case - was before this court on a former occasion, having been brought by writ of error which was sued out by the Peoples Eailway Company, and will be found reported in 144 Mo. 175, where a full and clear statement of the facts up to that time may be found.
It was then reversed and remanded to be tried in accordance with the views expressed in the opinion of the court.
At the time the mandate was received by the clerk of the court below there was pending in the cause and undisposed of a motion to remove the receiver, Charles Green, who had been appointed and took charge of the property in…
2Cases cited10 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Noonan v. LeeSupreme Court of the United States · 1863
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Richter v. JeromeSupreme Court of the United States · 1887
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