MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The facts presented by this appeal are as follows:
On the 1st of June, 1871, the Chicago, Dubuque and Minnesota Railroad Company executed a trust deed, in the nature of a mortgage, conveying all its railroad property and "all the revenues and income" thereof to John A. Burnham, Stephen V.R. Thayer, and James H. Blake, trustees, to secure an issue of bonds amounting in the aggregate to $4,125,000....
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