McGOURKEY v. TOLEDO & OHIO RAILWAY

No. 35.

146 U.S. 536 (1892)

McGOURKEY v. TOLEDO AND OHIO CENTRAL RAILWAY COMPANY.

Supreme Court of United States.

Decided December 19, 1892.


Attorney(s) appearing for the Case

Mr. George Hoadly and Mr. Fisher A. Baker for appellant, upon the question of estoppel.

Mr. Stevenson Burke, for appellees.


MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

The controversy in this case turns principally upon the title of the petitioner McGourkey to the rolling stock in question, and upon the relative priorities of the holders of the car-trust certificates, whom he represents, and the purchasers of the railway, who succeeded to the rights of the first mortgagees under the after-acquired property clause...

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