Railroad Companies v. Chamberlain

Supreme Court

Railroad Companies v. Chamberlain

73 U.S. 748, 18 L. Ed. 859, 6 Wall. 748, 1867 U.S. LEXIS 1021

CourtSupreme Court of the United States

DecidedMarch 16, 1868

StatusPublished

Cited by25 cases

This text of 73 U.S. 748 (Railroad Companies v. Chamberlain) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Railroad Companies v. Chamberlain, 73 U.S. 748, 18 L. Ed. 859, 6 Wall. 748, 1867 U.S. LEXIS 1021 (1868).

Pincite

Opinion

Mr. Justice NELSON

delivered the opinion of the .court

We think that the court erred in dismissing the cross-bill. It was filed for the purpose of enforcing the judgment, which was in the Circuit Court, and could be tiled in no other court, and was but ancillary to and dependent upon the original suit — an appropriate proceeding for the purpose of obtaining satisfaction. The lease was in the nature of a mortgage, and held only as collateral security, and followed the judgment. *

The decree in the first suit must be affirmed, and that in the second reversed, and the cause remitted to the court be-: low to enter a decree

In conformity with this opinion.

*

Freeman v. Howe et al., 24 Howard, 451.

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