Neilson v. Iowa Eastern Railway Co.
Supreme Court of Iowa
Appeal from Clayton District Court. The plaintiffs claim of the Iowa Eastern Railway Company $2,180.82, on account of ties furnished the company for the construction of its road-, and ask that a lien therefor may be established. The intervenors allege that .they are the holders of bonds of the company secured by a mortgage upon the road, and claim that the mortgage is entitled to priority over the lien of the plaintiffs. Other facts are stated in the opinion.
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Appeal from Clayton District Court. The plaintiffs claim of the Iowa Eastern Railway Company $2,180.82, on account of ties furnished the company for the construction of its road-, and ask that a lien therefor may be established. The intervenors allege that .they are the holders of bonds of the company secured by a mortgage upon the road, and claim that the mortgage is entitled to priority over the lien of the plaintiffs. Other facts are stated in the opinion. The District Court rendered judgment against the company for the amount claimed, and established a lien therefor against the road, but…
1Opinion of the CourtAdams, J.
The road in question was first owned by a company called the Cassville, Milwaukee & Montana Railway Company, which was incorporated May 22, 1871. The intervenors in this action subscribed to the stock of that company. The defendant, the Iowa Eastern Railway Company, was incorporated February 9, 1872. March 23, 1872, the former company conveyed the road to the latter in consideration, among other things, that the latter would pay the debts of the former and execute its mortgage bonds to the intervenors in payment of their claims for subscriptions. February 16, 1872, the latter company executed…
2Cases cited2 opinions
- Getchell v. AllenSupreme Court of Iowa · 1872
- Runkle v. HaganSupreme Court of Missouri · 1833
3Cited by28 opinions
- Oriental Hotel Company v. GriffithsTexas Supreme Court · 1895
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Brooks v. Railway Co.Supreme Court of the United States · 1880
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