Pardee v. Aldridge

Syllabus

<p>Where a railroad company mortgages its road including all appurtenan'ces . and appendages of said railroad, and the property of said company now' acquired, or which may be acquired, used for and pertaining to the operation of said railroad, a sale under such mortgage does not include property acquired by the company after the mortgage for the purpose of subdivision and sale; and it is a question for a jury to determine, whether the.land so purchased was to be used for and pertaining to the operation of the railroad or not.</p> <p>A suit to foreclose a mortgage is not a proceeding in rem which will bind person's who are not parties thereto, and the fact that the decree covered ther property in question does not conclude strangers to the suit.</p>