Washington Reports; Cases Determined in the Supreme Court of Washington Volume 17 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... any other or different line of railroad than that from Point Defiance to South Ninth street in the city of Tacoma, and that this cause be set for argument at the October term. What the court really intended by the order was to direct argument to the question of whether the Lewis mortgage covered any property which was not covered or embraced within the terms of the Hinchman mortgage, it being the contention of the respondent throughout his petition for rehearing that the property embraced within the two mortgages was identical. It may be conceded that, so far as real property was included or embraced within the terms Of either mortgage, it was confined to the line of railway north of South Ninth street. At the time when the Hinchman mortgage was executed the maker of that mortgage----the Point Defiance Railway Company----owned 110 pI 0P' ertl sollth Of South Ninth street, and so far as the 1 ee0l'd discl$e-5- it never was any part of the purpose or intentiml of that company to secure by purchase or Otllerwisc 26 17 wssn. any line of railway extending south of that street. It had, in addition to the line which it was then operating, surveyed and pin-posed extending its line northerly from the I10Til1 end of its road as then operated, and this extension was thereafter completed; and we have held in our former opinion, and still adhere to the conclusion reached in that regard, that such extension was fairly included within the terms of respondent s mortgage. But the Lewis mortgage was made at a much later date, by a new company which had not only acquired all of the property owned by the maker of the Hinchman mortgage, but in addition thereto had in the meantime acquired by purchase an additional line of...