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SAGE v. MEMPHIS &C. RAILROAD CO.

Nos. 126, 127.

125 U.S. 361 (1888)

8 S.Ct. 887

31 L.Ed. 694

SAGE, v. MEMPHIS AND LITTLE ROCK RAILROAD COMPANY. MEMPHIS AND LITTLE ROCK RAILROAD COMPANY, v. SAGE.

Supreme Court of United States.

Decided March 19, 1888.

Attorney(s) appearing for the Case

Mr. Wager Swayne for Sage, and for the Memphis and Little Rock Railroad Company as against intervening trustees and judgment creditors.

Mr. U.M. Rose for the trustee.

MR. JUSTICE HARLAN, after stating the facts in the above language, delivered the opinion of the court.

We do not understand upon what principle the court below held that the trustees in the mortgage of May 1, 1877, were entitled, as against both the mortgagor company and Sage, to claim the net earnings of the road during the receivership. The latter was a judgment creditor of the company, and it was at his instance, in a...

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