Winter v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Cerro Gordo District Court.- — -Hon. J. I’. Clyde, Judge. Plaintiff, a judgment creditor of tbe -Central Iowa, Railway Company, brings tbis action for decree declaring said judgment to be a lien as against tbe defendant upon tbe track, right of way, depot grounds, buildings, and appurtenances of said railway in tbe county of Cerro Gordo. Tbe issues will appear in tbe opinion. Judgment was rendered dismissing plaintiff’s petition, and be appeals.—
1Opinion of the Court
Given, J.'
I. The Central Iowa Railway Company formerly owned and operated the railway of which the property in question was and is a part. Ón the third day of March, 1885, this plaintiff commenced an action in the district court of Cerro Gordo county against that company to recover damages for personal injuries, and on a second trial on the fourth day of February, 1899, he recovered judgment for two thousand dollars, which remains unsatisfied. On the fifteenth day of July, 1879, said company executed its mortgage upon its railway, including the property in question, which mortgage was…
2Cases cited2 opinions
- B., C. R. & N. R. Co. v. VerrySupreme Court of Iowa · 1878
- Brockert v. Iowa Central Railway Co.Supreme Court of Iowa · 1894
3Cited by2 opinions
- Miles v. StankeWisconsin Supreme Court · 1902
- Mendenhall v. Chicago, Great Western RailroadSupreme Court of Iowa · 1912