Farmers' Loan & Trust Co. v. Green
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Texas. The Farmers’ Loan & Trust Company, as trustee under the first mortgage bonds on what was known as the “Waco & Northwestern Division of the Houston & Texas Central Railway,” filed its hill of complaint against the Houston & Texas Central Railway Company et al., seeking a foreclosure on said Waco & Northwestern Division.
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Appeal from the Circuit Court of the United States for the Eastern District of Texas. The Farmers’ Loan & Trust Company, as trustee under the first mortgage bonds on what was known as the “Waco & Northwestern Division of the Houston & Texas Central Railway,” filed its hill of complaint against the Houston & Texas Central Railway Company et al., seeking a foreclosure on said Waco & Northwestern Division. On March 10, 1892, the court entered a final decree ordering a sale of the trust property. On December 28, 1892, the property was offered for sale by a special master, and E. H. R. Green,…
1Opinion of the CourtToulmin, District Judge
In our view of this case, we need only to consider the question whether Green is entitled to any allowance for counsel fees and expenses to be paid out of the funds in the hands of the receiver, without regard to the question whether he was an innocent purchaser, free from laches or fault in the premises. There is no question as to the power of a court of equity, in cases of administration of funds under its control, to make such, allowance to those who have instituted proceedings for the benefit of the fund as justice and equity may require. It is a well-recognized rule of equity that when a…
2Cases cited8 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Grimball v. CruseSupreme Court of Alabama · 1881
- Strong v. TaylorSupreme Court of Alabama · 1886
- Ryckman v. ParkinsNew York Court of Chancery · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Winslow v. Harold G. Ferguson Corp.California Supreme Court · 1944
- Pennsylvania Life Insurance v. Department of Employment SecurityWashington Supreme Court · 1982
- Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
- In re HoldenCourt of Appeals for the Sixth Circuit · 1913
- Lamar v. Hall & WimberlyCourt of Appeals for the Fifth Circuit · 1904
14 more not listed; retrieve them via the Exa API.