v0852-367

Document Title Page

No. 2353

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

Charles C. Moore, F. W. Bradley, Maurice

Schweitzer, R. D. Robbins and Walter

  1. Martin,

Intervenors and Appellants,

vs.

    1. Donahoo, et al.,

Appellees.

BRIEF FOR APPELLANTS.

"The question involved in this case is that of discover=

ing upon what principles and under what limitations an

unsecured creditor of an insolvent railroad in the hands

of a court of equity may displace a previously vested

mortgage lien, given to secure bonds and covering all

property and all income in speciiic terms." (Master's

Report, p. 14.)

Statement of the Case.

On December 6, 1909, Ocean Shore Railway Company,

a California corporation, owned and was operating a


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