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GALVESTON RAILROAD v. COWDREY

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78 U.S. 459 (1871)

11 Wall. 459

20 L.Ed. 199

GALVESTON RAILROAD, v. COWDREY.

Supreme Court of United States.

May 1, 1871.

Attorney(s) appearing for the Case

Messrs. B.R. Curtis, C.B. Gooderich, and W.P. Ballinger, for the railroad company; Messrs. Albert Pike and R.W. Johnson, for Pulsford; Messrs. Grant and W.G. Hale, for Cowdrey and others.

Mr. Justice BRADLEY delivered the opinion of the court.

The first objection made by the defendants to the decree is, that the mortgages under which the complainants claim are not valid for want of capacity in the railroad company to make them. It is admitted that the charter authorizes the company to mortgage certain real estate, which it was authorized to acquire for the purpose of aiding in the construction or maintenance...

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