Perkins v. Goodman, 21 Barb. (N. Y.) 228 569 514 38 Perry v. Washburn, 20 Cal. 318 Pettee v. Prout, 3 Gray (Mass.), 502 Philadelphia v. Fox, 64 Pa. St. 169 511, 528 514 v. Greble, 38 Pa. St. 339 Philadelphia & Reading Railroad Company v. Derby, 14 How. 468 455 Piedmont, &c. Life Insurance Company v. Ewing, 92 U. S. 377 Pike v. Wassell, 94 U. S. 711 Poirier v. Morris, 22 Law J. Rep. N. S, Q. B. 313; s. c. 2 El. & Bl. 89 Scholey v. Rew, 23 Wall. 331 Schuchardt v. Allens, 1 Wall. 359 Scranton v. Stewart, 52 Ind. 68 Selma & Meridian Railroad Co. v. Louisiana National Bank, 94 U. S. 253 576 41 Settembre v. Putnam, 30 Cal. 490 646 601 121 306 112 134 345 464 45 Polk's Lessee v. Wendell, 9 Cranch, 87 513 Pringle v. Phillips, 5 Sandf. (N. Y.) REPORTS OF THE DECISIONS OF THE SUPREME COURT OF THE UNITED STATES, OCTOBER TERM, 1880. MYER v. CAR COMPANY. A railroad company in Iowa, after executing a mortgage to secure its bonds, which was duly recorded, covering all the property which it then possessed or night thereafter acquire, entered into a written contract with A., leasing for a specific period and at a stipulated sum, payable monthly, certain cars whereof he was the owner. It also reserved but did not exercise the privilege of purchasing them at the original cost at any time during the existence of the contract. A. retained the right to rescind the contract, if the company failed to pay the interest on its bonds. While the contract was in force, the mortgagee filed his bill of foreclosure. The court appointed a receiver, who took charge of the road and used the cars in operating it. The contract was never recorded. Held, 1. That the contract was binding between the parties thereto, and the failure to record it did not, under the statute of Iowa, render the cars subject to the lien of the mortgage. 2. That A. was entitled to the possession of them, and to compensation for their use by the receiver, payable out of the fund to the credit of the suit. APPEAL from the Circuit Court of the United States for the District of Iowa. This was a bill, filed May 4, 1875, to foreclose a mortgage executed May 12, 1871, by the Davenport and St. Paul Railroad Company, to secure the payment of certain of its bonds. The mortgage was in the usual form, covering, with other property specifically set forth, the road, bridges, and superstructure of the 'railroad, with all branches, side-tracks, additions, turnouts, right of way, depot grounds, and other lands then owned or thereafter to be acquired by the company; all |