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MEYER v. HORNBY

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101 U.S. 728 (1880)

25 L.Ed. 1078

MEYER, v. HORNBY.

Supreme Court of United States.

May 10, 1880.

Attorney(s) appearing for the Case

Mr. James Grant and Mr. Joseph H. Choate for the appellants.

Mr. James T. Lane for the appellee.

MR. JUSTICE MILLER delivered the opinion of the court.

Appellants, as trustees in a railroad mortgage, brought suit to foreclose it, and made Hornby a defendant. He set up a claim to a mechanic's lien, which was allowed. The mortgagor and owner of the road was the Davenport and St. Paul Railroad Company, incorporated to build a road from Davenport, in Iowa, to St. Paul, in Minnesota. The mortgage, executed May 16, 1872, embraced...

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