David Josiah Brewer

“ But, again, the express lien on the lessor's property amounted only to about $1,100,000; yet, by the arrangement, a new lien was created, from which nearly $3,000,000 was received, all of which sum passed into the hands of the lessee. Will not equity, for the payment of the debts of the lessor, follow this surplus into the hands of the lessee? Can a corporation in debt transfer its entire property by lease so as to prevent the application of the property at its full value to the satisfaction of its debts? ”

“ The railroad companies filed their bill in equity in the circuit court to restrain such sale. The bank, besides its answer, filed a cross-bill, which, after setting out the facts, prayed that its judgment might be decreed a valid equitable lien and incumbrance upon the property of the Pacific Company; that a receiver might be appointed, with power to apply the revenues to the judgment; and that the property be sold in satisfaction thereof; and for general relief. It is objected that such cross-bill was not germane to the original bill, and was therefore improperly filed. ”

“ We do not care to pursue an inquiry into this question at length, or consider what limitations would surround this doctrine as applied generally, preferring to notice a single matter, which is significant and decisive. ”