Brooks v. Railway Company - 101 U.S. 443 (1879)
U.S. Supreme Court
Brooks v. Railway Company, 101 U.S. 443 (1879)
Brooks v. Railway Company
101 U.S. 443
1. Where a contractor performs labor and furnishes materials upon a section or division of a railroad in Iowa then in the process of construction, and there was a preexisting and duly recorded mortgage executed by the company on its entire line of road to secure its bonds. Held that on filing his claim within the time, and in the mode prescribed by the statute, he has, as against the mortgagees, a paramount lien upon the entire road.
2. A subcontractor, between whom and the contractor a settlement had been made and the balance ascertained, filed within the required time in the clerk's office of the proper court his claim in due form against the contractor and the company, and, in a suit whereto they were all parties, judgment establishing his lien on the road was rendered. In a foreclosure suit subsequently brought against the company and him, the mortgagees objected to the validity of his lien because he had not also presented to the company that settlement certified by the contractor to be just. Held that the objection was not well taken.
The facts are stated in the opinion of the Court.