MR. JUSTICE SWAYNE delivered the opinion of the court.
The Kennebec and Portland Railroad Company was authorized to build a railroad from Portland to Augusta, both in the State of Maine.
On the 30th of April, 1850, that portion of the road between North Yarmouth and Portland, about twelve miles in length, was mortgaged to Ruel Williams, John Patten, and J.B. Carroll, trustees, to secure the payment of $202,400 advanced to the company by the cestuis que...
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