Page:Federal Reporter, 1st Series, Volume 7.djvu/809

 HODDEB V. KENTUCKY & GREAT BASTEBN ET. 00. 797 �The langaage of the mortgage embraces not only the prop- erty then owned by the Kentuoky & Great Bastem Eailroad Company, but also that which the oompany might thereafter acquire. �This Company did not, at the date of this mortgage or at the time of its aeeeptance, March 5, 1872, have aathority to build and mn a railroad from the city of Newport, in the State of Kentuoky, "npon, along, and near the southern bank x)f the Ohio river to a point in said state line between the states of Kentuoky and West Virginia at or near Catlettsburg, Boyd oounty, Kentuoky," unless that authority can be derived from the authority giVen the oompany to build branches to its main stem of road. �There is nothing in the mortgage, nor is there any allega- tion in the cross-bill, whioh indicates that any part of this line — that desoribed in the mortgage — is a branch to the oompany' s "main trunk road;" on the contrary, the mortgage describes the line as "our main line." The fair inferenoe — indeed, the irresistible oonclusion from the mortgage and the allegations of the oross-bill — is that the oompany never even looated another line east of Maysville, henoe th,e line east of Maysville, upon, along, and near the southern bank of the Ohio to a point at or near Catlettsburg, cannot, by any rea- sonable oonstruotion, be a branch of a road which was author- ized to be construoted in counties other than Mason, Lewis, Greenup, and Boyd, and which, as far as this record shows, had not been loeated. �The line as desoribed would run through the counties of Mason, Lewis, Greenup, and Boyd, and it seems from the cross-bill included the line of the Maysville & Big Sandy Eailroad. It alleges that W. H. Wadsworth and others were, on the fifteenth of July, 1871, the absulute and sole owners of all the property, rights, and franchises of the Maysville & Big Sandy Eailroad Company, and that they, on the fif- teenth of July, 1871, entered into a contraet with the Ken- tuoky & Great Eastern Eailroad Company, whereby they sold to said oompany all the said property, rights, and franchises and interests of the said Maysville & Big Sandy Eailroad ��� �