LOUISVILLE TRUST CO. v. LOUISVILLE &C. R'Y.

No. 263.

174 U.S. 674 (1899)

LOUISVILLE TRUST COMPANY v. LOUISVILLE, NEW ALBANY AND CHICAGO RAILWAY COMPANY.

Supreme Court of United States.

Decided May 22, 1899.


Attorney(s) appearing for the Case

Mr. Swagar Sherley and Mr. St. John Boyle for the Louisville Trust Company.

Mr. Adrian H. Joline for the Louisville, New Albany and Chicago Railway Company. Mr. Herbert B. Turner, Mr. George W. Kretzinger and Mr. E.C. Field were on his brief.


MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

The questions in this case are novel and important. They arise on the foreclosure of certain railroad mortgages, and suggest to what extent the same rules and considerations obtain in them as in the foreclosures of ordinary mortgages upon real estate. It goes without saying that the proceeding in the foreclosure of an ordinary mortgage...

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