Page:Federal Reporter, 1st Series, Volume 7.djvu/443

 TOMMEY V. SPABTANBORG' &"isBEVILLB E. 00. 431 �was completed June 17, 1878. Pry was a naechanic, and worked himself on the trestles, and superihtended the labor. The firm furnished the materials. They knew at the time the work -was done of the existence of the mortgage. They filed their lien in Polk county, North Carolina, Auguat 3, 1878, for $6,335.16, and on October 16, 1878, instituted proceed- ings in the superior court of that county to enforce their lien. John Garrison contracted, June 2, 1877, to build " Mill Creek Trestle," which he completed about the seVenteenth of Peb- ruary, 1878. He filed a lien in Polk county, April 2, 1878, and began an action to enforce it, August 10, 1878. Oarri- son was a mechanic, and did some of the work, but his prin- cipal labor was as a contractor, to superintend the mechanics and laborers employed under him. T. G. Williamson was one of the engineer corps of the company, and was due $911.40 from March, 1878. He filed his lien in Polk county, June 4, 1878. There is a balance due Eice & Coleman for work done since October 1, 1876, of $22,935.23, frpm May 1, 1878. Coleman was a stockholder in the company, but was not present at the meeting which authorized the mortgage. They knew of the making of the mortgage, arid received, after Octo- ber 1, 1876, about $62,000, in county bonds and cash, from the company, on this contract. While engaged in grading the road they bought the land over which about two miles of their contract extended, and the company h^aving neglected to have the right of way through the land condemned accord- ing to law, they assert titles to the road-bed and superstruc- ture on their land. B. Clayton was a stockholder of the com- pany. There is due him the sum oif $3,31 6.87, for work done on the South Carolina division of the road before August, 1876. Another contract was made with him prior to October 1, 1876, on which there is a balance due of $33,661.25 from November 1, 1877. He was present at the' meetiug which authorized the mortgage, and did not vote ajgainet it. He claims title to a portion of the road-bed and' stipersttuctuire, similar to that of Eice & Coleman. The two' last-natued pat- ties daim statutwy liens. The commissioherfeof Buncombe' eounty were stockholders, and became parties defendant. ��� �