State Codes and Statutes

Statutes > New-york > Rrd > Article-4 > 146

§  146. Foreclosure of mortgages made by consolidated railroads partly  in the state.  Whenever a railroad corporation of this or of  any  other  state  or states whose line of road lies partly in this state and partly  in another state or states, shall have  executed  a  mortgage  upon  its  entire  line  of  railroad,  and a sale of the entire line of road under  such mortgage shall have been or may hereafter be ordered, adjudged  and  decreed  by a court of competent jurisdiction of the state or states, or  by a court of the United States sitting within the state  or  states  in  which  the  greater  part of such line of railroad may be situated, upon  the confirmation of such judgment  or  decree,  and  of  the  sale  made  thereunder,  by  the supreme court of this state or by the circuit court  of the United States in the judicial district in which some part of such  line of road is situated, such sale shall operate to pass title  to  the  purchaser,  of  that  part  of the line of railroad lying in this state,  together with its appurtenances and franchises, with the same force  and  effect  as  if  the judgment or decree under which such sale is had, had  been made by a court of  competent  jurisdiction  of  this  state.  Such  judgment  or  decree  and  sale  may be so ordered, adjudged, decreed or  confirmed in any action or proceeding heretofore or hereafter brought in  the supreme court, or in a court of the United States  sitting  in  this  state,  for the foreclosure of such mortgage, or in aid of an action for  that purpose in such other state or states, if it shall appear that such  confirmation is for the interest of the public and of the  parties,  due  and  lawful  provision  being  made for and in respect of any liens upon  that part of the line of road or other property  sold  situate  in  this  state, and for such costs, expenses and charges as may appear to be just  and lawful. If a receiver of the entire line of such railroad shall have  been,  or  may  hereafter  be  appointed  by  such  court  of  competent  jurisdiction of the state in which the  greater  part  of  the  line  of  railroad is situated, or by a court of the United States sitting in such  other state, such receiver may perform, within this state, the duties of  his office not inconsistent with the laws of this state, and may sue and  be sued in the courts of this state.

State Codes and Statutes

Statutes > New-york > Rrd > Article-4 > 146

§  146. Foreclosure of mortgages made by consolidated railroads partly  in the state.  Whenever a railroad corporation of this or of  any  other  state  or states whose line of road lies partly in this state and partly  in another state or states, shall have  executed  a  mortgage  upon  its  entire  line  of  railroad,  and a sale of the entire line of road under  such mortgage shall have been or may hereafter be ordered, adjudged  and  decreed  by a court of competent jurisdiction of the state or states, or  by a court of the United States sitting within the state  or  states  in  which  the  greater  part of such line of railroad may be situated, upon  the confirmation of such judgment  or  decree,  and  of  the  sale  made  thereunder,  by  the supreme court of this state or by the circuit court  of the United States in the judicial district in which some part of such  line of road is situated, such sale shall operate to pass title  to  the  purchaser,  of  that  part  of the line of railroad lying in this state,  together with its appurtenances and franchises, with the same force  and  effect  as  if  the judgment or decree under which such sale is had, had  been made by a court of  competent  jurisdiction  of  this  state.  Such  judgment  or  decree  and  sale  may be so ordered, adjudged, decreed or  confirmed in any action or proceeding heretofore or hereafter brought in  the supreme court, or in a court of the United States  sitting  in  this  state,  for the foreclosure of such mortgage, or in aid of an action for  that purpose in such other state or states, if it shall appear that such  confirmation is for the interest of the public and of the  parties,  due  and  lawful  provision  being  made for and in respect of any liens upon  that part of the line of road or other property  sold  situate  in  this  state, and for such costs, expenses and charges as may appear to be just  and lawful. If a receiver of the entire line of such railroad shall have  been,  or  may  hereafter  be  appointed  by  such  court  of  competent  jurisdiction of the state in which the  greater  part  of  the  line  of  railroad is situated, or by a court of the United States sitting in such  other state, such receiver may perform, within this state, the duties of  his office not inconsistent with the laws of this state, and may sue and  be sued in the courts of this state.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-4 > 146

§  146. Foreclosure of mortgages made by consolidated railroads partly  in the state.  Whenever a railroad corporation of this or of  any  other  state  or states whose line of road lies partly in this state and partly  in another state or states, shall have  executed  a  mortgage  upon  its  entire  line  of  railroad,  and a sale of the entire line of road under  such mortgage shall have been or may hereafter be ordered, adjudged  and  decreed  by a court of competent jurisdiction of the state or states, or  by a court of the United States sitting within the state  or  states  in  which  the  greater  part of such line of railroad may be situated, upon  the confirmation of such judgment  or  decree,  and  of  the  sale  made  thereunder,  by  the supreme court of this state or by the circuit court  of the United States in the judicial district in which some part of such  line of road is situated, such sale shall operate to pass title  to  the  purchaser,  of  that  part  of the line of railroad lying in this state,  together with its appurtenances and franchises, with the same force  and  effect  as  if  the judgment or decree under which such sale is had, had  been made by a court of  competent  jurisdiction  of  this  state.  Such  judgment  or  decree  and  sale  may be so ordered, adjudged, decreed or  confirmed in any action or proceeding heretofore or hereafter brought in  the supreme court, or in a court of the United States  sitting  in  this  state,  for the foreclosure of such mortgage, or in aid of an action for  that purpose in such other state or states, if it shall appear that such  confirmation is for the interest of the public and of the  parties,  due  and  lawful  provision  being  made for and in respect of any liens upon  that part of the line of road or other property  sold  situate  in  this  state, and for such costs, expenses and charges as may appear to be just  and lawful. If a receiver of the entire line of such railroad shall have  been,  or  may  hereafter  be  appointed  by  such  court  of  competent  jurisdiction of the state in which the  greater  part  of  the  line  of  railroad is situated, or by a court of the United States sitting in such  other state, such receiver may perform, within this state, the duties of  his office not inconsistent with the laws of this state, and may sue and  be sued in the courts of this state.