Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1882-08-11
Ihe SIRE press.
RAILROAD LITIGATION.
Tho Decision of the supreme Court In
Langdon vs.. Railroad


ST. AlBASs, VT, August 6.-The opinion
of the Supreme Court in the celebrated case
of Langdon against the Vermont and Canada
railroad ct al, has been fled. 1t was drawn
M by Justice Rcdfeld at Montpelier, and
partially summarized in the mandate
of the court previously pnblished'
1t decides in substance that the possession
and management of the Vermont Central anu
Vermont and Canada railroads and the prop
erty connected Herewith, has been III the
coyrt If cbancery, in the hands OF the mana
gers appointed by and holding for the court,
rs lis Officers, continuously from 1851 TO the
present time, and that the cause in which they
were appointed during that whole period has
been aud still is pending that the deduction
which has been gathered from the OPINION Oh
the Supreme Court delivered by Judge Bar.
rett in 1877, that the judicial custody and
management of the property ceased IN loO4,
is erroneous and unfounded. The manage
ment has been judicial, and the fact that for
many years the parties in interest have con-
sented to and acquiesced in all that was done,
nor any possible errors in the pro-
ceedings, do not impair the jurisdic-
lion of the court, its judicial
hold on the property or the Judicial character
of its DEGREES that the court had full judicial
power to appoint the Central Vermont COM
pany receiver and manager on petition,
as it did in 1878 that the debt legitimately
incurred by the managers since 1871, after
applying all the equitable assets, is acharge IN
the nature of an equitable mortgage upon Me
whole property of the trust, and will be en-
forced by strict foreclosure. The claim
made ia argument that this should have
been enforced, fiat all, only against the In
come of the property, is not sustained. II Is
upon the corpus, including franchises, thai
il stands like any other trust. The owners
pooled their property for common purpose
and the expenses incurred in Its administra
ton they thus imposed upon the property
and
They Must be Paid.
The statute of frauds has not application
The Canada company has no estate but III
perpetual right to receive rent. AS this il
subjected to the payment of the trust debt
its entire property is gone. Unless redeemed
by the payment of them, neither that com
pany nor the Central can get its road out
The possession of the court until the creditor
debt is paid 1t is not strange that propert.
thus pooled and put TO hazard in great en-
Such is common fate. The compromis'
decree of 1864 has been claimed to have M
more binding affect than the contract OF III
parties. This is not true, because the prop
erty was in the custody of the court in advis
Dry preceding, and this was merely an act
procedure in its administration. The conscn
and agreement OF the parties can not dotrac
from its judicial character and binding force
The court had full jurisdiction at the time an
the decree was foundedo on evidence as well a
consent. 1t is, therefore, binding upon a
parties until set aside. The claim that TIL
property by some mysterious alchemy Ina
drifted out of judicial hold and has been Sc
adrift because of some error in procedure c
administration, is without legal foundatio
and would he caricature upon justice.
has not, beng once law and fully IN til
custody of the court, without the knowledg
of the coult or parties so drifted out of jur
diction that the right in it now can only |
settled by wreckcrs in scramble for salvag
This is the substance of the opinion, excel
matters of detail, not of general interest, an
the points fully covered by the mandate.