Appellate Division of the Supreme Court of the State of New York July 1, 1897 (Weigley v. Kneeland)

Hatch, J. :

The plaintiff was the owner of an option for the purchase of the Texas Trunk railroad, running from Dallas through the counties of Dallas and Kaufman in the State of Texas. The railroad was somewhat run down, and a mortgage resting upon the property was in process of foreclosure and sale.