Page:Federal Reporter, 1st Series, Volume 7.djvu/441

TOMMEY V. SPABTAIIBraG 4'%%iEtteviLLB B. 00. �ofScffer happens to have obitained snch knowledge. Assuming that the matters inquired of are, as statedby plaintifE's coun^ Bel, dealings in which he'waa. agetit for those who are now stoekholders or beneficiaries 'of the company, and which deal- ings were part of the process of bringing that company into life, yet there is no precedent for this bill, as a bill of discov- ery, against the defendant Osborri, and to sustain it would, I think, be going beyond the recognized limits of this excep- tional raie, and beyond the reasons on 'which the rule is founded. See Story Eq. Pleadings, (9th Ed.) § 235, notes, and cases cited. �Demurrer Bustained. ���ToMMEi and pthers ^v», Spartanburg & AsBtEtflijLK. E. Co. , , and others.* . ^ �{Uirenit Court, W. D: 2?brth Caralina. --,1881!) �1. POBECLOBTIKB OB'. MORTGJSkOKv— ^WPEJt^CX <"• LiBN. �Claims of contfactors and l^borers ior labor performed in the con- �struction of 'a railroad s'ii'bseqiti'eht'io the execution of ' a nibrtgage on' �, ,; the road will.not be allowed,i except as postponed to the mortgage �debt, and this, whether or not mechanics' or labprers' liena have been. �filed in the proper court. �' Contiacts made prior to the exeCUtibn of the mortgage, and work' done thereunder, Oreate no lien superior to that of the mortgage. ■ - Claimsof contraetors ftud laborers fcfr labor peri ormed in-the cott»:. struction of a railroad subsequent to tjae executign of amortgagp on the road, to secure ita bonds,' will not he allowed, except as postponed to the bondhoiders, notwithstanding thie vroik was perforined and a mechanics' or Ifthorers' lieniiled in the proper court before the regis-' ' tration of the mortgage in the state where the labor is performed ^nd the lien flled. �In Equity. �This was a bill filed by complainants for themselves, and in behalf of all other holders of the "first mortgage 7 per cent, gold bonds" of the Spartanburg & Asheville Bailroad, �*Beported by Thomas M. Pittman, Bsq., of the Charlotte, N. C, bar. ��� �