Farnsworth Et Al., Trustees v. Minnesota and Pacific Railroad Company Et Al‪.‬

Mr. Henry F. Masterson for the appellant. The court below erred in holding, that, under the act of Congress, the legislature could not authorize the trust-deed, in advance of the construction of the road, so as to give a lien on all the lands, as against the State and her subsequent grantees 'who actually built the road and earned the land,' with notice of said deed.