Loomis v. Davenport & St. P. R. Co.

The original action was brought to foreclose a mortgage upon the property and franchises of the Davenport & St. Paul *302Railroad Company, and, among others, the present complainant, Hiram Price, was made a defendant; the bill alleging that he had or claimed some interest in the premises mortgaged. There was a decree of foreclosure on the twenty-third day of October, 1875, and a sale of the mortgaged property was ordered, subject, however, to the following reservation contained in said decree, to-wit:

“And said sale is to be made subject to any prior liens wbicli may hereafter be established…