Taylor v. Burlington, C. R. & M. Ry. Co.
U.S. Circuit Court for the District of Iowa
The plaintiffs in the main suit, [Frederick] Taylor et al., are trastees in railway mortgages on the Burlington, Cedar Rapids & Minnesota Railway Company. These mortgages include all existing and future to be acquired property of the company, including rolling stock, and rents, and income, and were executed and recorded before the work was done and the materials furnished by the intervening petitioners.
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The plaintiffs in the main suit, [Frederick] Taylor et al., are trastees in railway mortgages on the Burlington, Cedar Rapids & Minnesota Railway Company. These mortgages include all existing and future to be acquired property of the company, including rolling stock, and rents, and income, and were executed and recorded before the work was done and the materials furnished by the intervening petitioners. Prior to the execution of the mortgages the railway was projected and partially surveyed from Burlington to Plymouth (in the north part of the state), and about $155,000 expended in grading…
1Opinion of the Court
DILLON, Circuit Judge.
In the various railway foreclosure cases in this court, there are probably forty intervening petitions filed seeking to establish, on behalf of the claimants, mechanic’s lien on the property covered by the railway mortgages. The trustees, in these mortgages, resist the right to any lien whatever, in many eases, and particularly resist the establishment of a mechanic’s lien in any case where the labor was done, or the materials were furnished, rfter the recording of the mortgage, which shall have priority over the mortgage. There are also questions as to the lien for…
2Cases cited3 opinions
- Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
- Getchell v. AllenSupreme Court of Iowa · 1872
- New England Car Spring Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1857
3Cited by3 opinions
- James River Lumber Co. v. DannerNorth Dakota Supreme Court · 1893
- Greenwood, A. & W. Ry. v. StrangU.S. Circuit Court for the District of South Carolina · 1896
- Colonial Trust Co. v. Vale-Oregon Irr. Co.District Court, D. Oregon · 1920