Ward Hunt

“ A mortgage 'of all my property,' like the one we are considering, is sufficient to transfer title.
2. It was quite within the competency of the railroad company to mortgage its lands not used for its track or appurtenances. It might be deemed prudent and judicious to raise money upon its collateral property rather than upon its road. It might lose its foreign lands, and still be successful as a railroad company. If it should lose its track, it must at once cease to exist.
3. In the first mortgage, the State took its security upon the road and its appurtenances. ”

“ The plaintiff's title arises in this manner: The lands, in pursuance of authority given by the statute of Missouri, were conveyed by the Cairo and Fulton Railroad Company to trustees, to be sold to raise money for the construction of their road. ”

“ The mortgage lien secured to the State by the act of 1855, when the first series of bonds was issued by the State, was expressed to be upon 'the road, every part and section thereof, and its appurtenances.' The lands in question do not constitute the road, or any part thereof. The track of the road is not laid upon them, nor are they used in connection with the road. ”