CHASE NAT. BANK OF CITY OF NEW YORK et al.
v.
MOBILE & O. R. CO. et al.
District Court, S. D. Alabama, S. D.https://leagle.com/images/logo.png
July 5, 1941.
July 5, 1941.
Attorney(s) appearing for the Case
S. R. Prince and Henry L. Walker, both of Washington, D. C., for Southern Ry. Co. and Mobile & O. R. Co.
Mudge, Stern, Williams & Tucker, of New York City, and Rushton & Rushton, of Montgomery, Ala., for Chase Nat. Bank of City of New York and Carl E. Buckley, as successor trustees under Mobile & O. R. Co.'s refunding and improvement mortgage dated as of July 1, 1927.
Mahorner & Mahorner, of Mobile, Ala., for Mrs. Alleen G. Barker and for First Nat. Bank of Mobile, Ala., as successor trustee under M. & B. S. Ry. Co.'s first mortgage dated May 1, 1899.
Smith & Johnston, of Mobile, Ala., and Mitchell, Taylor, Capron & Marsh, of New York City, for City Bank Farmers Trust Co., as trustee under Mobile & O. R. Co.'s general mortgage of May 15, 1888, and debenture trust deed of May 1, 1879.
William McLeod, of Mobile, Ala., for First Nat. Bank of Mobile, as trustee for C. E. Ervin and T. M. Stevens, receivers.
Gordon, Leigh, Leigh & Gordon, of Mobile, Ala., for Gatch, Tennant & Co.
William J. Kane, of Baltimore, Md., for Railroad Credit Corporation.
Lyons & Chamberlain, of Mobile, Ala., for Hudson County Nat. Bank.
Rushton & Rushton, of Montgomery, Ala., and Stewart & Shearer, of New York City, for United States Trust Co. of New York, as successor trustee under Mobile & O. R. Co.'s trust indenture dated September 1, 1930.
George W. Jaques, of New York City, for Reorganization Committee.
Larkin, Rathbone & Perry, of New York City, and Harry T. Smith & Caffey, of Mobile, Ala., for Central Hanover Bank & Trust Co., as trustee under the first mortgage of the Montgomery Division of Mobile & O. R. Co.
District Court, S. D. Alabama, S. D.
ERVIN, District Judge.
This matter comes on to be heard on exceptions to Master's report in which he found that $427,175.38 in the hands of the Receiver, at the time of the filing of the petition to have the earnings of the railroad impounded, and the income from certain property not covered by the mortgages of the railroad, and the proceeds from the sale of such uncovered property, called the free property, should not...
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