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DOW v. MEMPHIS RAILROAD CO.

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124 U.S. 652 (1888)

8 S.Ct. 673

31 L.Ed. 565

DOW, v. MEMPHIS AND LITTLE ROCK RAILROAD COMPANY.

Supreme Court of United States.

Decided February 20, 1888.

Attorney(s) appearing for the Case

Mr. U.M. Rose for appellants.

Mr. Wager Swayne for appellee.

MR. CHIEF JUSTICE WAITE, after stating the case, delivered the opinion of the court.

It is well settled that the mortgagor of a railroad, even though the mortgage covers income, cannot be required to account to the mortgagee for earnings, while the property remains in his possession, until a demand has been made on him therefor, or for a surrender of the possession under the provisions of the mortgage. That is the effect of what was decided by this court in Galveston...

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