Humphreys v. McKissock

Under the facts as thus stated the situation of the case was this: Humphreys and Tutt, as receivers of all the property of the Wabash, St. Louis & Pacific Railway Company, appointed by the circuit court of the United States for the eastern district of Missouri, claimed possession and the right to hold the interest of that company in the stock of the elevator company. On the other hand, McKissock, as receiver of the property described in the mortgage to the trust company, claimed the stock in the elevator company as covered by that mortgage, and demanded its transfer to him by Humphreys and Tutt. This being refused, he filed the present petition to enforce the demand. The court directed its reference to a special commissioner to take proofs and report the same with his findings of law and fact. He found the facts substantially as stated, and also that the elevator was immediately connected with the main line of the Wabash, St. Louis & Pacific Railway Company; that that company shipped large quantities of grain out of Council Bluffs over the Omaha division; that the elevator was erected for the sole purpose of storing and handling grain to be transported over the six railroads; that the erection of an elevator by the Wabash, St. Louis & Pacific Railway Company at Council Bluffs was necessary to the conduct of its business as a shipper of grain; and that the handling and shipping of grain could not be successfully carried on at Council Bluffs without one. As a conclusion of law he held that the elevator was a common appurtenance to the railways, and that the one-sixth interest therein of the Wabash, St. Louis & Pacific Railway Company was an appurtenance belonging to its line of railway, and was covered by the mortgage of February 15, 1879, and formed a part of the mortgage security. He therefore recommended the entry of an order directing that company and its receivers to execute and deliver to McKissock a proper assignment of the interest of that company and of the receivers in the elevator. Exceptions were taken to this report, but they were overruled by the court, the report was confirmed, and a decree entered that Humphreys and Tutt execute and deliver to McKissock, as receiver, a proper assignment of all the interest of the Wabash, St. Louis & Pacific Railway Company, or of themselves as receivers, in the Union elevator. From that decree appeals were taken to this court. Notwithstanding the decree speaks of the interest of the Wabash, St. Louis & Pacific Railway Company in the Union elevator, it was stipulated that the company had no interest otherwise than as a stockholder in the property of the Union Elevator Company. The evidence before the commissioner also showed that the elevator was not imed iately on the main line of the Wabash Company, as found by him, but was distant more than half a mile from it, and was only reached by passing over the tracks of another company.

Wells H. Blodgett and F. W. Lehmann, for appellants.

Edward W. Sheldon and ''Theo. Sheldon'', for appellees.

[Argument of Counsel from pages 309-311 intentionally omitted]

Mr. Justice FIELD, after stating the facts as above, delivered the opinion of the court.