Neilson, Benton & O'Donnell v. Iowa Eastern R. Co.

ON REHEARING.

Seevers, J.

— A rehearing having been granted on the application of the-defendant, an argument has been filed on behalf of the Farmers’ Loan & Trust Company, which company had been originally made a defendant,, because, as we suppose, it was trustee in a mortgage executed by the defendant, and the plaintiffs insisted their lien was superior thereto. This, however, is a mere inference. There is nothing in the abstract which sufficiently shows that said company filed an answer, or appealed from the-decree.. The propriety of filing an argument on behalf of said company is not,…