CUNNINGHAM v. MACON & BRUNSWICK RAILROAD

No. 91.

156 U.S. 400 (1895)

CUNNINGHAM v. MACON & BRUNSWICK RAILROAD COMPANY.

Supreme Court of United States.

Decided March 4, 1895.


Attorney(s) appearing for the Case

Mr. Charles N. West for appellants. Mr. W.W. Montgomery and Mr. Daniel H. Chamberlain, each filed a brief for same.

Mr. George Hoadly for the East Tennessee, Virginia and Georgia Railway Company, appellee.

Mr. John Howard closed for appellants.


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

The case of the appellants rests upon two distinct legal propositions. The first one asserts their right to be subrogated to a mortgage security taken by the State of Georgia, and, by virtue of such subrogation, to enforce the mortgage against the property of the railway company. The other proposition is that they are direct mortgage creditors...

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