Prescott v. Riverside Park Ry. Co.

• Citation: 99 Iowa 580,68 N.W. 831
• Court: United States State Supreme Court of Iowa
• Decision Date: 26 October 1896
• Parties: PRESCOTT ET AL v. RIVERSIDE PARK RY. CO. (BALTIMORE TRUST & GUARANTEE CO. ET AL., INTERVENERS).

99 Iowa 580

68 N.W. 831

PRESCOTT ET AL

v.RIVERSIDE PARK RY. CO. (BALTIMORE TRUST & GUARANTEE CO. ET AL., INTERVENERS).

Supreme Court of Iowa.

Oct. 26, 1896.

Appeal from district court, Woodbury county; Frank R. Gaynor, Judge.

Intervener Louise Larson, in the summer of 1894, recovered a judgment for personal injuries against the defendant the Riverside Park Railway Company for $7,500. More than two years prior thereto, said defendant company was organized under the laws of the state of Iowa, and constructed and owned a railway track, electrical equipments, wires, poles, electric motors, and street cars. It had, long prior to the recovery of the aforesaid judgment, executed a deed of trust to the intervener the Baltimore Trust & Guarantee Company, as trustee, on all of its property, to secure its bonds in the sum of $325,000, which instrument was duly recorded. The full amount of bonds authorized were issued and sold. This case was brought by plaintiffs against the defendant, but before it came to a hearing plaintiffs' claim was settled. Meantime Louise Larson had intervened, setting up her judgment, and asking that it be decreed a first lien upon the property of the railway company, and making her pleading a cross petition against all of the parties to the action, as well as to those afterwards becoming parties. Thereafter appellee the Baltimore Trust & Guarantee Company filed its petition of intervention and cross petition to foreclose said deed of trust, and a trial was had to the court, as to the issues between said interveners alone, and a decree entered dismissing the said Louise Larson's petition of intervention as to the other intervener, and making her judgment a lien upon the property of the railway company subject to the bonds of the said trustee, and barring her of all rights in said property except the right of redemption. From this decree she appeals. Other matters were in issue between said interveners, which will be stated, if found material, in the further discussion of the case. Affirmed.W. W. Soule and F. E. Gill, for appellant.

Wright, Hubbard & Bevington, for appellees Baltimore Trust & Guarantee Co. and E. L. Kirk.

KINNE, J.

1. This is an equity cause, triable de novo in this court. Appellee files an abstract in which it denies the correctness of appellant's abstract, denies that all of the testimony offered or introduced upon the trial in the court below was duly filed and made a part of the record, and avers that appellant's abstract and appellee's abstract do not contain all the evidence offered or...