Des Moines and Fort Dodge Railroad Co. v. Wabash, St. Louis and Pacific R'y Co.

Citations

• 135 U.S. 576
• 10 S. Ct. 753
• 34 L. Ed. 243
• 1890 U.S. LEXIS 2043

Syllabus

<p>A contract by'a railroad company, chartered to construct a railroad between two points, made with another railroad company for the use of the road of the latter for a part of the distance for a period of years’, in order to complete the connection proposed by the charter, and providing that the contract and any damages accruing from a breach of it shall be a continuing lien upon the roads of the two conti-actlng parties, their equipment and income, into whosesoever hands they may come, creates no lien on the property of the first company which will take precedence of a mortgage executed after a breach of the contract prior to the expiration of the term has taken place.</p>