Atlantic Coast Line Railroad v. Cone

Citations

• 53 Fla. 1017

Syllabus

<p>1. Where pending an action against it on a contract one railroad company by articles of merger and consolidation transfers the possession and use of its property to another railroad company, and judgment in such action is obtained after the merger and consolidation, an execution issued on such judgment may be levied upon property of the debtor corporation in the possession of the consolidated company.</p> <p>2. Where a railroad company into which another such company has been marged brings suit to enjoin a sale by a judgment creditor of the merged company of property of the merged company in the possession of the consolidated company such creditor defendant in the original bill may bring a cross bill to subject the property of the debtor company in the possession of the consolidated company to the payment of the judgment.</p>