STEVENS v. MEMPHIS & CHARLESTON RAILROAD COMPANY


114 U.S. 663 (1885)

STEVENS & Others v. MEMPHIS & CHARLESTON RAILROAD COMPANY & Others. STEVENS & Others v. MEMPHIS, CLARKSVILLE & LOUISVILLE RAILROAD COMPANY & Others. STEVENS & Others v. LOUISVILLE, NASHVILLE & GREAT SOUTHERN RAILROAD COMPANY. STEVENS & Others v. MISSISSIPPI & TENNESSEE RAILROAD COMPANY. STEVENS & Others v. MOBILE & OHIO RAILROAD COMPANY & Others. STEVENS & Others v. CHICAGO, ST. LOUIS & NEW ORLEANS RAILROAD COMPANY & Others. STEVENS & Others v. LOUISVILLE, NASHVILLE & GREAT SOUTHERN RAILROAD COMPANY. STEVENS & Others v. NASHVILLE & NORTHWESTERN RAILROAD COMPANY & Others. STEVENS & Others v. NASHVILLE & DECATUR RAILROAD COMPANY & Others. STEVENS & Others v. NASHVILLE & DECATUR RAILROAD COMPANY & Others. STEVENS & Others v. McMINNVILLE & MANCHESTER RAILROAD COMPANY & Others. STEVENS & Others v. NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY COMPANY & Others. STEVENS & Others v. WINCHESTER & ALABAMA RAILROAD COMPANY & Others. STEVENS & Others v. CINCINNATI, CUMBERLAND GAP & CHARLESTON RAILROAD COMPANY & Others. STEVENS & Others v. KNOXVILLE & KENTUCKY RAILROAD COMPANY & Others. STEVENS & Others v. EAST TENNESSEE, VIRGINIA & GEORGIA RAILROAD COMPANY. STEVENS & Others v. EAST TENNESSEE, VIRGINIA & GEORGIA RAILROAD COMPANY.

Supreme Court of United States.

Submitted January 15, 1885.

Decided May 4, 1885.


Attorney(s) appearing for the Case

Mr. George Hoadly and Mr. Wager Swayne for appellants. Mr. Hoadly's brief was also signed by Mr. Edward L. Andrews, Mr. John C.F. Gardner, Mr. Edgar M. Johnson and Mr. Edward Colston. Mr. Swayne's brief was also signed by Mr. W.L. Pierce, Jr.

Mr. Charles F. Southmayd for Memphis & Charleston Railroad Company, East Tennessee, Virginia & Georgia Railroad Company, and Cincinnati, Cumberland Gap & Charleston Railroad Company, appellees.

Mr. Edward Baxter for Louisville & Nashville Railroad Company, Nashville & Decatur Railroad Company, and Memphis, Clarksville & Louisville Railroad Company, appellees.

Mr. William M. Ramsey for John B. Smith, Trustee of the mortgage of the Memphis & Ohio Railroad, the Memphis, Clarksville & Louisville Railroad, and the Louisville & Nashville Railroad, appellee.

Mr. E.H. East for Nashville, Chattanooga & St. Louis Railroad Company, Nashville & Northwestern Railroad Company, McMinnville & Manchester Railroad Company, and Winchester & Alabama Railroad Company, appellees.

Mr. P. Hamilton for Mobile & Ohio Railroad Company, appellee.

Mr. John A. Campbell for Mobile & Ohio Railroad Company, Chicago, St. Louis & New Orleans Railroad Company, and Illinois Central Railroad Company, appellees.

Mr. James Fentress filed a brief for Chicago, St. Louis & New Orleans Railroad Company, appellee.

Mr. J.B. Heiskell filed a brief for Memphis & Charleston Railroad Company, appellee.

Mr. William M. Baxter filed a brief for Knoxville & Kentucky Railroad Company and Knoxville & Ohio Railroad Company, appellees.

Mr. George Brown, Mr. James T. Shields and Mr. John K. Shields filed a brief for East Tennessee Virginia & Georgia Railroad Company, appellee.

Mr. D.H. and Mr. W.K. Poston, filed a brief for Memphis and Charleston Railroad Company and East Tennessee and Virginia Railroad Company, appellees.

Mr. L.W. Humes filed a brief for Memphis & Charleston Railroad Company, appellee.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court. After stating the facts as above recited, he continued:

The question which lies at the foundation of all these suits is, whether the statutory lien with which the State of Tennessee was invested, upon the issue of its bonds to railroad companies under the internal improvement act of February 11, 1852, and the several acts amendatory thereof, bound the property of the company to which the issue was made for...

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