Wabash Railroad Company v. Adelbert College of the Western Reserve University

This is a writ of error directed to the supreme court of the state of Ohio. In that court the defendants in error obtained a decree declaring that certain negotiable notes held by them, which had been made by the Toledo & Wabash Railway Company, were entitled to a lien on property once owned by that company and now owned by the plaintiff in error, and ordering a sale in satisfaction of that lien. The Federal questions presented and such facts as are deemed material to their decision are stated in the opinion.

Mr. Rush Taggart for plaintiff in error.

[Argument of Counsel from pages 39-41 intentionally omitted]

Messrs.John W. Warrington, John C. F. Gardner, Thomas B. Paxton, Jr., and Murray Seasongood for defendants in error

[Argument of Counsel from pages 41-43 intentionally omitted]

Mr. Justice Moody delivered the opinion of the court: