N.Y. Railroad Law § 146: Foreclosure of mortgages made by consolidated railroads partly in the state

§ 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.