6 KEDERAL REPORTER. .
stricted to non-residents. If,. however, the question is to be deter-
. _ mined by the citizenship of the parties to the record at the time the
administrator became a party to the record, which position is sus-
tained by our view of the ruling in Reye v. Randle, supra, and also
by the case of Burdick v, Peterson, 2 McCrary, 135, [S. C. 6 Fm:.
Rm. 480,] the same result_fo11ows, as the administrator was then a
citizen of Iowa, and hence could not remove the cause under the act
of 1867. Under either view, Grayson did not possess the right of
removal under the act of 1867 at any time, and hence the cause
could not be removed to this court under that act. The motion to
remand must therefore be sustained.
Tourxms v. Lrrrnm Boon & Fr. S. Br. and others. _
(Ozreuit Court, E. D. Arkansas. October Term, 1882.)
1. Brurm Lon:-—IN Ain or Rzumzoso. `
The act of the legislature of Arkansas, providing for a loan of the bonds of
the state to railroad companies, construed, and held (1) to create a statutory
mortgage on the roads, and their income and revenues, to secure the payment of
the state bonds by the companies accepting the loan; (2) that such lien took
eifect from the date of the award of the loan, by the board of railroad commis-
sioners, to the company applying for the same; (3) that the duty of the gov-
ernor to issue the bonds, after the award of the loan, was ministerial; (4) that
all persons were bound to take notice of the lien reserved by the act, and when
it accrued; (5) that the lien reserved to secure the payment of the bonds is
primarily a security for those holding the bonds; (6) that as between the state
and the company receiving the bonds, the company was the principal debtor
and bound to pay the bonds, or furnish the state means for that purpose; and
if the bonds are void as obligations against the state, the company which re-
ceived and negotiated them as genuine is bound to pay them to bonajide hold-
ers, and the latter may enforce the lien reserved bythe act to secure this result,
B. Damon mn Crtnnrron-Lrnu nv Cournacr-Euronounnnr.
Where a creditor acquires the right by contract to seize and sell the property
of his debtor, or sequester its income and revenues to pay the latter’s debt,
such contract necessarily imports and creates a lien on the property, which
may be enforced by any lawful holder of the debt.
8; **lncoMn Arm Rnvm<ums" or .4 Ramuonn Courant.
" Income and revenues " of a railroad company are all the income and rev-
enues of the company, and necessarily embrace the " earnings " of its road.
· L Mouresens ron Forum: Anvrmcas. .
It is a well-settled rule that where the mortgagee has the option to make the
advances or not, each advance is as upon a new mortgage; but where the mort-
gagee is bound to make the advances, the lien relates back to the date of the
¤.._·•.-tgage, and is superior to any subsequent lien or conveyance.