Dunaway

(after stating the facts as above). Since the record shows that practically all of the rolling stock and other personalty used in the operation of the road in question was covered by the levy and proposed sale by the marshal, it does not admit of doubt that, if the appellant’s mortgage is valid as against the appellee’s judgment, the mortgage security would be impaired and largely destroyed by the sale under the levy. The real question in the case, therefore, is, whether or not the mortgage is .valid as against the judgment creditor. The appellee insists that it is not, for the reason that it was not made by a company “acquiring a right of way” under the provisions of section 6 of the act of May 14, 1898 ( 48 U.S.C.A. § 416 ) ; was prohibited by the provisions of section 8 of that act ( 48 U.S.C.A. § 418 ); and that, even if valid as between the parties thereto, the mortgage, in so far as concerned the personal property covered by it, was void as to the creditors of the mortgagor, because the holder of the mortgage did not conform to the provisions of the statute in Alaska in regard to chattel mortgages, which are to the effect that chattel mortgages must be filed in the recording…