Crawford

Crawford v. Washington Northern R.

Good Law
147 C.C.A. 635·233 F. 961·1916 U.S. App. LEXIS 2536
United States Court of Appeals for the Ninth CircuitMay 8, 1916No. 2723California1,626 words

Opinion

lead Opinion

Gilbert, J.

(after stating the facts as above). [ 1 ] By the decree the court below postponed the right of the appellant to share in the proceeds of the railroad property until after the payment in full of the appellees. The court ruled that such was the effect and intention of tire appellant’s mortgage. The court also reached the same conclusion under the “after-acquired property” clause of the •railroad first mortgage, holding that thereby the $400,000 group of bonds of the Railroad Company became a part of the appellee’s security from and after t;he time when the Railroad Company became the owner of those bonds as collateral security for the second mortgage bonds of the Timber Company. We think the decree may be sustained on either ground. The appellant’s mortgage contains the express recital that the property of the Timber, Company so mortgaged to him is subject to the lien of the first and second mortgages of June 4, 1910, and that the property of the Railroad Company, so mortgaged to him, is subject to the lien of the mortgage made by that company of June 4, 1910; and the appellant admits in his answer that his mortgage embraces all of the property described in the mortgages of the…

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