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WABASH RAILROAD v. ADELBERT COLLEGE

No. 40.

208 U.S. 38 (1908)

WABASH RAILROAD COMPANY v. ADELBERT COLLEGE OF THE WESTERN RESERVE UNIVERSITY.

Supreme Court of United States.

Decided January 6, 1908.

Attorney(s) appearing for the Case

Mr. Rush Taggart for plaintiff in error.

Mr. John W. Warrington, with whom Mr. John C.F. Gardner, Mr. Thomas B. Paxton, Junior, and Mr. Murray Seasongood were on the brief, for defendants in error.

MR. JUSTICE MOODY delivered the opinion of the court.

In 1862 the Toledo and Wabash Railway Company owned and operated a railroad in Ohio and Indiana, and was incorporated under the laws of both States. That part of the property situated in Ohio was then incumbered by two mortgages, one to the Farmers' Loan and Trust Company for $900,000, and one to Edwin D. Morgan, Trustee, for $1,000,000. That part of the property situated...

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