Rolling stock

Rolling stock has been held in some cases to be a fixture, so far as to pass under a mortgage of the realty; Elizabethtown & P. R..Co. v. Elizabethtown, 12 Rush (Ky.) 233; Farmers’ Loan & Trust Co. v. Ry. Co., 3 Dill. 412, Fed. Cas. No. 4,- 669. Where essential to the operation of the road, it is held to pass under a mortgage of the railroad; Morrill v. Noyes, 56 Me. 458, 96 Am. Dec. 4S6. A mortgage of a railroad afterwards to be built, and of the rolling stock appurtenant to such road, attaches to the rolling stock as soon as it is acquired; Pennock v. Coe, 23 How. (U. S.) 117, 16 L. Ed. 436; Scott v. R. Co., 6 Biss. 529, Fed. Cas. No. 12,527; Jones, Railr. Sec. 147. It Is not essential that the rolling stock should be especially mentioned in the mortgage; general words are enough. For instance, a mortgage of a line of a railroad “with all the revenue or tolls thereof’ covers rolling stock; State v. Ry. Co., 18 Md. 193. See also Meyer v. Johnston, 53 Ala. 237; Pullan v. R. Co., 4 Biss. 35, Fed. Cas. No. 11,461. See Future Acquired Property. Rolling stock has been held to be subject to execution as a chattel; Midland Ky. Co. V. Stevenson, 130 lnd. 97, 29 N. E. 385; and to attachment; Hall v. Carney, 140 Mass. 131, 3 N. E. 14; so, when not in use; Bos- H ton, C. & M. R. v. Gilmore, 37 N. H. 410, 72 Am. Dec. 336; but where a company is insolvent or the equipment is mortgaged, it has been held not subject to execution; Loudensehlager v. Benton, 3 Grant, Cas. (Pa.) 384. It is held that it may be sold for taxes as personal property, notwithstanding a stat- Am. Dec. 458; and see Neilson, Benton & O’Donnell v. R. Co., 51 la. 714, 3 N. W. 779. It is held to be a chattel in Williamson v. R. Co., 29 N. J. Eq. 311, 323. The better opinion is said to be that it is personalty; 3 Wood, Rys. 1961, citing Dubuque v. R. Co., 39 la. 56; Pacific R. Co. v. Cass Co., 53 Mo. 17; Hoyle v R. Co., 54 N. Y. 315, 13 Am. Rep. 595; Boston, C. & M. R. v. Gilmore, 37

The portable or movable apparatus and machinery of a railroad, particularly such as moves on the road, viz., engines, cars, tenders, coaches, and trucks. See Beardsley v. Ontario Bank, 31 Barb. (N. Y.) 635; Ohio & M. R. Co. v. Weber, 96 111. 448; Pittsburgh, etc., R. Co. v. Backus, 154 U. S. 421, 14 Sup. Ct 1114, 38 In Ed. 1031.

— Rolling stock protection act. The act of 35 & 36 Viet. c. 50, passed to protect the rolling stock of railways from distress or sale in certain cases.

The property of a railway taken fi'om one part of the road to Rolls office of the chancery. An office in which are deposited the rolls and records of which the Master of the Rolls is, by

The movable property of a railroad; such property as in its ordinary use is taken frond one part of the line to another, as, cars and locomotives.^ Some decisions make the rolling-stock of railroads a fixture, part of the corpus of the road; other decisions, njake it personalty. In a few States, the precise nature is defined by statute.^ ROMAN" LAW. The common law of England has been largely influenced by the Ron Jan law, in several respects: 1. Through the ecclesiastical courts, their canon law being founded on the Roman law. 3. Through the court of chancery, all the early chancellors being ecclesiastics, familiar with the canon law, if not with the Roman system. 3. Through the development of commercial law. 4 The Roman law had great influence upon the early common law, not so much by the copj^ing of text into it as by the spirit and methods of study it introduced, and the disposition it engendered to refer rules to principles.. Blackstone, Kent, and other great writers, owe much in their arrangement and outline to Roman works.* See special terms, such as Chancellor, 1; Equity; Falcidian; Fee, 3; Latin; Obligation, 1; Jus; Pact;. Pater; Fatria; Responsa; Ustjfructus; Veto.