6 l a , 3 FEDERAL REPORTER. M
» Hudson.,-River West Shore Railroad Company shouldbuild and construct
' V itsroad as fast as possible, and that, as soon as the said road should be
built and constructed, it would lease its railroad and all the lands whereon
A it wasrbuilt, and-the rights, easements, franchises, and privileges con-
anected therewith, for-the fullaud then unexpired term of its charter, to
the said,·West Shore Hudson River Railroad Company aforesaid, on
· certain terms and conditions therein expressed, _(but apparently not dis-
closed, in the bill;) and by whichsaid agreement it was also in substance
i provided that the said last-named company should be entitled to receive
said lease as soon as it should havepaid the moneys which may have been
; expended by the former company in the purchase of its rights of way,
location. construction, etc., or should have assumed or become responsi-
ble for, or obligated to pay, the same, and that all sums which should be
furnished by the said West Shore Hudson River Railroad Company to, or
paid, laid out, and expended, for the benefit of, the Hudson River West
’ Shore Railroad Company, and all bonds made by the West Shore Hud-
son River Railroad Company, and delivered to the Hudson River West
Shore Railroad Company, or applied or appropriated to its use and ben-
efit, should be credited on account of said moneys. The bonds in ques-
tion were issued by the West Shore Hudson River Railroad Company
for the purpose of enabling it to carry out this agreement, to acquire said
» lease, and to complete and operate its road. The mortgage, which is
· made by both these companies,»refers to the agreement as to the issue of
bonds,and mortgages the railways of the parties of the first part thereto,
7 constructed or thereafter to be constructed, within certain specined limits,
and also all other property then owned or thereafter to be acquired, and
appertaining or belonging to or connected with the lines of railway so
mortgaged, or the running or operating the same. Ten days after the
making of the mortgage, and in pursuance of the agreement above re-
‘· ferred to, the entire capital stock of the Hudson River West Shore Rail-
road Company was transferred to the West Shore Hudson River Railroad
Company, and all the estate, property, rights, privileges, locations, and
franchises of the former company were transferred and leased to, and
thereafter were held and possessed by, the said West Shore Hudson River
Railroad Company. After proper action had by the sec1·etary of war,
_ the Hudson River West Shore Railroad Company commenced the build-
ing of its road, and the excavation of a tunnel in the line thereof, through
aud across said property of the United States at West Point; and the
said railroad has since been constructed and operated through and across
l said property, in compliance with the regulations of the secretary of war.
On July 13,* 1870, the New York, West Shore & Chicago Railroad
Company was organized for the purpose of constructing and operating a
railroad along the west shore ‘of the Hudson river, and in locating its
route it adopted the lines of the West Shore Hudson River Railroad Com-
pany, and of the Hudson River West Shore Railroad Company, respect-
ively-, through the counties of Orange and Rockland. On April‘10, 1871,
.said·New York, West Shore da Chicago Railroad Company mortgaged its
propertyé, including such as it might in any manner thereafter acquire