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U.S. Supreme Court

Minnesota Company v. St. Paul Company, 73 U.S. 6 Wall. 742 742 (1867)

Minnesota Company v. St. Paul Company

73 U.S. (6 Wall.) 742


1. Where, under the statutes of Wisconsin, several mortgages had been executed by the La Crosse & Milwaukee Railroad Company, upon several divisions into which that railroad was divided, including all the rolling stock, which at the date of the mortgages respectively "had been already procured or might thereafter be procured for or used upon the said road," meaning the particular division described in the mortgage -- upon a bill filed by the purchaser under a subsequent mortgage of the whole road and all the rolling stock, claiming a portion of the rolling stock against the purchaser under one of the former mortgages on the ground that it was appurtenant to another division of the road and not to that described in such former mortgage, and also upon the further ground that it was not included in the decree of foreclosure of such former mortgages, this Court, Minnesota Co. v. St. Paul Co., 2 Wall. 609, affirmed the decree against the defendant upon a demurrer to the bill.

But now the case coming back after answer and full proofs, the Court held that in the absence of any specific apportionment in fact between the several divisions of the road, the mortgages operated upon all the rolling stock in the order of their dates, and a decree below dismissing the bill was affirmed.

2. A supplemental bill dismissed as relating to matters not in their nature supplemental, and a cross-bill dismissed as rendered unnecessary by the principal decree in this case.

Two appeals from the Circuit Court for Wisconsin, the parties being in the first case the Milwaukee & Minnesota Railroad Company appellant, against the Milwaukee & St. Paul Railroad Company, and in the second, Soutter and Knapp, survivors, against the company, appellants in the first.

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