Memphis & Charlston Railroad v. Glover

Citations

• 78 Miss. 467

Syllabus

<p>1. Railroads. Receivers. Stoclt gaps. Cattle guards. Statutory penalty. Code 1893, \\ 3561.</p> <p>Receivers of a railroad are liable as such for the statutory penalty, under code 1893, § 3561, imposed on railroads for failure to construct and maintain necessary or proper stock gaps and cattle guards where their tracks pass through inclosed lands.</p> <p>3. Same. Purchaser at receiver’s sale. Revivor.</p> <p>If, pending a suit against the receivers of a railroad to recover the statutory penalty for a failure to construct cattle guards, etc., the defendants cease to be receivers and the road be sold, the purchaser of that part of the road which is in this state cannot resist proceedings to revive the suit against him on the ground that he did not buy the parts of the road which are in other states, and acquired none of its rolling stock.</p> <p>3. Same. Decree. Deed.</p> <p>A purchaser of a railroad at a receiver’s sale, under a decree providing that he shall pay any liability incurred by the receiver, and whose deed also so provides, is liable for the statutory penalty for a failure to construct cattle guards, etc., incurred by the receiver.</p> <p>4. Same. Proceedings to revive. Plea to merits. Warner. Code 1893, $ 669.</p> <p>The purchaser of a railroad at a receiver’s sale, against whom proceedings have been taken to revive a suit begun against the receiver, who pleads to the merits of the suit, cannot obtain a reversal of a judgment against him on the ground that the revival was unauthorized and illegal, even if he so pleads after his answer to the revival proceedings is adjudg-ed insufficient. Code 1893, § 669, considered.</p>