Download pdf The American Railway Reports (Volume 18 ); A Collection of All Reported Decisions Relating to Railways

Download pdf The American Railway Reports (Volume 18 ); A Collection of All Reported Decisions Relating to Railways

The American Railway Reports (Volume 18 ); A Collection of All Reported Decisions Relating to Railways.cJohn Henry Truman
The American Railway Reports (Volume 18 ); A Collection of All Reported Decisions Relating to Railways
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Author: John Henry Truman
Number of Pages: 204 pages
Published Date: 13 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235312823
File Name: The.American.Railway.Reports.(Volume.18.);.A.Collection.of.All.Reported.Decisions.Relating.to.Railways.pdf
Download Link: The American Railway Reports (Volume 18 ); A Collection of All Reported Decisions Relating to Railways
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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1879. Not illustrated. Excerpt: ... Douglass t. Cline. to the earnings if he sought them in the mode pointed out in his contract, or in a mode recognized by the rules of equity; and each having thus sought them, I cannot understand upon what principle of law, equity, or morals they are to be denied that which both contracting parties certainly intended to secure and thought they were securing to the mortgagees. I am therefore of the opinion that upon the plain stipulations of their respective mortgages Green and Douglass are entitled to have the order appealed from reversed. 2. Having disposed of my first proposition, which I regard as not of vital importance, I come to the consideration of the second, of the correctness of which, with all deference to my brothers, I entertain no doubt; and in its discussion I shall leave out of view, as immaterial, the stipulations for the surrender of possession, for the appointment of a receiver, and in regard to the receipt and application of the earnings, and treat the question as though both the mortgages were silent upon these subjects. I maintain, then--First. That although (unless the former rule on the subject has been changed by statute, of which I shall presently have something to say) the appointment of a receiver rests in the sound discretion of the court, the discretion meant is judicial and not arbitrary, " and is always to be exercised under certain well-established rules;" and that when a case is made out which falls within those rules it is the duty of the Chancellor to make the appointment; and--Second. That when a case is made out, and a receiver is appointed, those upon whose application he is appointed acquire a specific lien upon the earnings or income from the mortgaged property which come to the hands of the receiver under that appointmen...

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