New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-08-07
DECISION IN A RAILWAY SUIT

ST.. ALBANs, VT, Aug. 6.-The opinion Of the
Supreme Court the OF Langdon against the Yer
mont and Canada Railroad CT al h@s been fled was
drawn I'D by Justice Redfeld. Of Montpelier, and was
partially summarized in the mandate VI the court pre-
viously published It decides In substance that pos
session and management Of the Vermont CsntrM
and the Vermont and Canada roads and
property connected Herewith has been in the Court OF
Chanccry. the hands Of managers appointed ny ana
holding for the Court its officers, continuously ion
1861 70 present time and thai the cause In when
they appointed during that whole period mas been
and stn pending, that the deduction which has been
drawn from the opinion OF the Supreme Court
Judge Barrett 1877. the judicial cusyody aud
MANAGEMENT property ceased 1864. erroneous
and unfounded-tbe management has been Jniieai and
the that many the parties in interest con-
scented to and acqulesced all shat DONE and any
possible errors in procedure do not impair the
jurisdiction OF the Court judicial hold Of the prop
erty or tho judicial character OF It's DEGREES;
that the Court had full Judicial power
to appoint the Central Vermont Company receivers and
managers on the petition It did In 1873; that the
debt eg1ns ely incurred by the managers since lSol'
after applying all equitable assets Is charge In the na-
Of equitable mortgage upon the whole properly
of the trust will be enforced by strict foreclosure
The claim made In the argument that this should oe en-
forced, all, only against tue income Oh
the properly, is not sustained IL
upon the corpus including franchises IL stands Ike
any other trust The pooled their property for
purpose, expenses incurred IN ls ADMIN
straton they imposed debts upon the property
they must be paid The statdte OF irau- aas NO sp
pIcauon. The Canada company has NO estate eAeept
it, perpetual rgnt rent AS this Is subjected
10 the payment debts ia entire property Is gone
med by the payment OF them neither that
mpany the Cent, al can get us EOs1
our OF the possession OF Court until me receivers
debt IL paid It is strange mat tue
property thus pooled and put TO hazard IN great enter
prise should be- lost original owners such Is the
common fate Inc compromise decree " 1864 aas Deen
G aimed TO have no more binding erct tnan contract
parties. TnisIs not true, because t9e properly
was In the custody OF the court In an aa
yersary proceeding, and TINS was merely al
act OF procedure in its Naturalization !.
The consent and agreement OF tue parues cannos
detraeI from its judlc. character and 0lndng force
Tnr court naa fu jurisdiction the Time and he decree
was ounded on evidence well consent t II tneIc
fore bindlug upon all parties untl set aside me
claim hat tue property by some alchemy has
drlfled out OF the judicial hold ana
heen set adrift because Of some error
| IN procedure admins ration. 10 WITHOUT Ie-ai
found Atom and would be carcaurc upon justice. IL
mas not being lawfully in the custody o. tue COURT
knowledge OF Court or parties 50 drted ouI
OF the jurisdiction that rlSn.s III II no" can ohy 10
settled " wreckers Ia = scramble FOR salvage.