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TOLEDO &C. RAILROAD CO. v. HAMILTON

No. 184.

134 U.S. 296 (1890)

10 S.Ct. 546

33 L.Ed. 905

TOLEDO, DELPHOS AND BURLINGTON RAILROAD COMPANY, v. HAMILTON.

Supreme Court of United States.

Decided March 17, 1890.

Attorney(s) appearing for the Case

Mr. John M. Butler and Mr. Robert G. Ingersoll (with whom was Mr. Clarence Brown on the brief) for appellants.

Mr. A.W. Scott and Mr. John H. Doyle for appellee.

MR. JUSTICE BREWER delivered the opinion of the court.

The question in this case arises between a mortgagee and a party claiming a mechanic's lien upon the mortgaged premises, as to priority of payment. The facts are these: On January 17, 1880, The Toledo, Delphos and Burlington Railroad Company executed and delivered its first mortgage to the Central Trust Company of New York, to secure the payment of $1,250,000 six per...

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