Edward Pardee v. Aldridge

• Citation: 189 U.S. 429,23 S.Ct. 514,47 L.Ed. 883
• Decision Date: 16 March 1903
• Docket Number: No. 137,137
• Parties: EDWARD H. PARDEE and Arabella D. Huntington, Executrix, and Charles H. Tweed and Isaac E. Gates, Executors of Collis P. Huntington, Deceased, et al., Plffs. in Err. , v. A. D. ALDRIDGE, A. F. Hardie, and W. G. Mowry, Trustees for J. E. Downs and Associates
• Court: United States Supreme Court

189 U.S. 429

23 S.Ct. 514

47 L.Ed. 883

EDWARD H. PARDEE and Arabella D. Huntington, Executrix, and Charles H. Tweed and Isaac E. Gates, Executors of Collis P. Huntington, Deceased, et al., Plffs. in Err.,

v A. D. ALDRIDGE, A. F. Hardie, and W. G. Mowry, Trustees for J. E. Downs and Associates.

No. 137

Argued January 19, 20, 1903.

Decided March 16, 1903.

Messrs. Maxwell Evarts and R. S. Lovett for plaintiff in error.

Mr. W. J. Moroney for defendants in error.

Mr. Justice Holmes delivered the opinion of the court:

This is an action of trespass to try title to land, brought by Aldridge and others, trustees, against Pardee and others, the plaintiffs in error. The only parcels here in controversy are two tracts, known as the Hughes and Slaughter tract and the Mays tract. Both parties claim title under the Texas Trunk Railroad Company. Pardee claims under the foreclosure of a mortgage made by the railroad company and some incidental proceedings. Aldridge claims under a sale outside of the mortgage. The question in the case is whether the mortgage embraced these tracts.

Although it may not be necessary, we will state the title on each side a little more in detail before discussing the questions of law. On March 22, 1880, the Texas Trunk Railroad Company mortgaged its road, 'including all appurtenances and appendages of said railroad, and the property of said company now acquired or which may be acquired, in the state of Texas, used for and pertaining to the operation of said railroad.' This was to secure bonds. Later in the same year, although the deed was dated earlier, the Hughes and Slaughter tract was conveyed to the railroad. The Mays tract was conveyed the next year. On January 31, 1883, there was a decree of foreclosure on the mortgage in the United States circuit court, and there was a sale on the 1st of the following May. The purchasers organized a new company, under the old charter, but a distinct organization, as permitted by the local law. In 1885 the property of the second company was sold by the sheriff, on execution following a judgment in the state court, and also by the United States marshal, under an order of sale for failure to pay certain sums as provided in the original foreclosure proceedings. The same persons purchased at both sales, and organized a third company, still under the old charter. On August 30, 1888, the third company made a mortgage of the railroad. A bill to foreclose this was filed in the United States court on September 4, 1891, a decree of foreclosure was made in 1895, and Pardee, the plaintiff in error, purchased at the sale, for the benefit of himself and C. P. Huntington. Thus, it will be seen that the title of the plaintiffs in error depends, as we have said, on the question whether the original mortgage embraced the land in suit.

Before the first foreclosure, but after the execution of the mortgage, suits were begun against the first corporation, and in 1887 a judgment was rendered against it in one of them. On this judgment executions were issued, and the parcels of land in suit were sold to the trustee for Downs and his associates, the defendants in error. The trustee brought a suit to try title against the trustees and surviving directors of the first company and a receiver of the third company, and got judgment on April 7, 1898. The defendant directors and trustees also executed a deed to him, and he afterwards conveyed to the present trustees for Downs. If the first mortgage embraced the land, Downs got no rights, but except for that question and one other to be mentioned, his title is not in controversy here, and we do not go into it in detail. The trial court gave judgment for Pardee and Huntington as to the tracts in question, but the judgment was reversed by the court of civil appeals, and final judgment was entered in that court in favor of the trustees for Downs. A writ of error was refused by the supreme court of the state. The case is brought here by writ of error on the ground that due effect was denied to decrees of the United States court. Dupasseur v. Rochereau, 21 Wall. 130, 22 L. ed. 588. See Sweringen v. St. Louis, 185 U. S. 38, 41, 46 L. ed. 795, 797, 22 Sup. Ct. Rep. 569. As we are of opinion that the judgment of the court of appeals was right, it is less important than otherwise it would be to discuss the grounds upon which we think that there is jurisdiction, and we shall proceed at once to the merits of the case.

If the disputed parcels of land came under the mortgage when they were acquired, they did so as 'property used for and pertaining to the operation of said railroad.' At the trial evidence was taken on the question whether these parcels were used for or did pertain to such operation. The defendants in error disclaimed to the extent of a right of way 100 feet wide, 50 feet on each side of the center line of the railroad. But there was testimony that the...