Brooks v. Railway Co.

The appellants, who were complainants below, are trustees in a mortgage made by the Burlington and Southwestern Railway Company on its road and other property to secure $1,800,000 of bonds put on the mai-ket and sold. They instituted this foreclosure suit against the company, and brought in, during its progress, other parties who were asserting mechanics’ liens on the road. Of these parties only the interest of O’Hara Brothers and Wells, French, & Co., whose liens were by the court held to be paramount to that of complainants; remain to be considered in the appeal of the trustees from that…