Edward Douglass White

“ An assertion that if the pipe works had not become the owner of the waterworks plant in virtue of the sale made as just stated, that corporation, in any event, in virtue of its asserted mechanics' lien, had been vested with a paramount right as against the water supply company, which it was the duty of a court of equity to enforce by compelling payment by the defendant. ”

“ If the contention of the complainant that the mechanics' lien decree took precedence of subsequent mortgages was not disposed of by the court of appeals, it should be placed in a position to be able to redeem from the sale under the mortgages to Andrews & Whitcomb. If that contention was disposed of by the court of appeals, a sale under the mechanics' lien decree can do no harm to Andrews & Whitcomb or their successor in interest, beyond possibly creating a cloud upon their title. ”

“ It would seem that in the original bill the water supply company was averred to be a corporation and a resident or citizen of Wisconsin, but Andrews & Whitcomb denied such averment. Thereafter, in an amendment to the creditors' bill it was alleged that subsequently to the filing of the bill the water supply company had been organized, and that it claimed to have derived, through Andrews & Whitcomb, title to the rights and property of the water company, but that said claim was subordinate to the lien of the plaintiff. ”