Henry Billings Brown

Name: New Orleans Pacific Railway Company v. Parker — Opinion of the Court
Author: Henry Billings Brown

Summary

“New Orleans Pacific Railway Company v. Parker — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as mortgage, appurtenant and bondholders.

Quotes from New Orleans Pacific Railway Company v… (Henry Billings Brown)

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ The succeeding clause, which includes tenements, hereditaments, and appurtenances thereunto belonging, etc., was manifestly not intended as an expansion of the prior clause, and for the purposes of this case may be treated as superfluous. No argument is needed to show that a land grant is not necessary to the operation of a railroad. It may be a necessary aid in the construction of a road, but it is certainly not necessary in its operation. Plaintiffs' contention, then, if supportable at all, must be upon the theory that the land grant was appurtenant to the road ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ If Parker's argument in this connection be sound, it would necessarily follow that, if every bondholder of this mortgage had intervened, and a cross-bill had been filed against them all, praying a cancellation of the entire mortgage, our jurisdiction to review a dismissal of this bill could not be sustained as to any of such bondholders whose decrees were not more than $5,000, notwithstanding it would be sustained as to others whose decrees were larger. The result would be that the land might be sold for the benefit of the larger bondholders, and freed from the lien of the smaller. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ Assuming for the purposes of this case that, under the peculiar terms of this mortgage, these bondholders had the right to file this bill without calling upon the trustee to act,-a point upon which we express no opinion,-they had no right to a decree for their exclusive benefit. It a single bondholder has any right at all to institute proceedings, he is bound to act for all standing in a similar position, and not only to permit other bondholders to intervene, but to see that their rights are protected in the final decree. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ The true distinction is between cases in which there are several plaintiffs interested collectively under a common title, and those wherein the matters in dispute are separate and distinct, and are joined in one suit for convenience or economy. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ The word 'appurtenant,' as ordinarily defined, is that which belonge to or is connected with something else, to which it is subordinate or less worthy, and with which it passes as an incident,-such as an easement or servitude to land ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ In a strict legal sense it is said that land can never be appurtenant to land, (Jackson v. Hathaway, 15 Johns. 447, 454; Leonard v. White, 7 Mass. 6; Woodhull v. Rosenthal, 61 N. Y. 382;) but it was evidently contemplated by this mortgage that real as well as personal property subsequently acquired, such as land for stations, machine-shops, or other purposes immediately connected with the road, should pass under the lien of the mortgage. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ Of the latter class are those relied upon by the plaintiff Parker in this case, and his motion to dismiss must therefore be denied. Indeed, the cross-bill to set aside the whole mortgage as to these lands is sufficient of itself to remove all difficulty with regard to our jurisdiction.
2. The case upon the merits depends upon the question whether the mortgage of 1870 should be construed to cover a land grant made by congress the following year to the Baton Rouge Company in aid of the construction of its road. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ In so far as he succeeds in doing that, he adds to his own security. Each holder, therefore, should be present, both that he may defend his own claims, and that he may attack the other claims, should there be just occasion for it. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, New Orleans Pacific Railway Company v…

“ In The Connemara, 103 U.S. 754, it was held that, where salvors united in a claim for a single salvage service, jointly rendered by them, the owner of the property was entitled to an appeal where the sum decreed exceeded $5,000, though in the division among the several parties sharing in the recovery several were awarded less than $5,000. ”

Henry Billings Brown

Summary

Quotes from New Orleans Pacific Railway Company v… (Henry Billings Brown)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature