The true Democrat., 1855-04-24


 traudnlently, must expect to be dealt with and
 to be characterized as breakers of their faith and so long as men covet and appropriate illicit
 gains from trust estates so long 1t will be the , duty of courts of equity (and 1 trust the prac-
 tlce of this courE to act and speak with all f needfu sternness and distinctness; but am
 happy in being able to render this decision
 upon grounds that in no wise personally incul- pate the trustees.
 GA true copy from the record)
 Attest: WM A. BEvENs Clerk. Decree rendered by said Chancery Court on tue l 20M day cf AprfA 4. D. 1855. The State of Arkansas Complainant
 } Henry L. Biscoe, Sanford c. Faulkner J John ] Drennen, and James H. Walker trustees of the
 Real Estate Bank, ct al.
 l This day came the complainant, by s. H. t Hampstead, her special attorney, and also the said trustees, by A. Fowler, Watkins & Gal 7 lagher and P. Trapnall, their solicitors, and the ) court now here being sufficiently advised on the 3 motion of said State to make the order of this court for the appointment of receiver in this 7 case absolute and for an injunction, and also sufficiently advised on the motion of said trus- trees to discharge the rule appointinga receiver l and the injunction heretofore granted; and on all of which motions, the counsel of the par ties had been heard; it Is the opinion of the court that receiver is necessary and ought to 5 be appointed, and that the motion of said State
 ought to be sustained, and the motion of said , trustees overruled.
 It is therefore ordered, adjudged and decreed 3 that the motions of the said trustees be over ruled, and that the motion of said State for the appointment of receiver and injunction be sus- t tained and that Charles F. M. Noland, who is known to the court to be proper and suitable person for the office, be, and he hereby is ap- pointed receiver in this case, and who is requir-
 ed to give bond In the penal sum of fifty thou sand dollars, with good and sufficient security to be approved by this court, and conditioned 50 as to secure the faithful discharge of the duties
 which may devolve upon him, and who must l also take an oath to be endorsed on said bond, to support the constitution of the United States, Q and of the State of Arkansas, and to faithfully 7 and lmpartially, and without favor or affection to any one, discharge the duties which may de-
 volve upon him as such receiver and to abide g by and obey the orders and directions of the f court in the premises, and when such bond shall s be given and approved, and the oath taken, : the said receiver shall be deemed and Is here- : by declared fully qualified as such, and certi- r fled copy of this order and decree, under the t seal of this court, shall be a sufficient warrant f for him to act as such receiver in the pre- f mlSeS.
 n The said receiver for his services including
 such clerk hire as may be necessary, shall be en- titled to receive the sum of three thousand five
 hundred dollars per annum, and have the t ot the banking house and premises Of the Real e Estate Bank in the city of Little Rock; such n compensation being deemed by the court req
 sonable for his services and for such clerk hire ] as he may need, but subject to be increased or : reduced as circumstances may require That y the said receiver is hereby authorized and eul- powered, and 1t shall be his duty to immediate 7 lv take into his possession and custody and n charge, and to receive from thc trustee, of said
 heal Estate Bank, or officers, or agents or at : torneys thereof, and that they be and are here t by required immediately to yield up, turn over, surrender and transfer to the said receiver all the moneys, notes, bonds, biIls accounts, choscs in
 action, books, records, letters, papers, lands lc- nemerts, herediGaments slaves assets, personal : property of every nature and description, title : papers, deeds, leases, mortgages, bills of sale, agreements conveyances, all munimentS of t- tie whatever and all choseS in action, assets or
 property referred to in the deed of trust of Aprl : "a, lo42, and mentioned in the prayer of the
 bill Tn ther hands, possession, or under their 9 control, or held by other persons for them, be- longing to, or in any wise pertaining to the said
 Real Estate Bank or trustees or officers thereof. or III any manner connected with said bank, or sad trust, and upon the reception whereof the sald receiver shall make out tri pcate nvento-
 rles, one for said trustees and officers one to be deposited ln the office of Secretary of State of thls State and the other to be filed in this court } That 1t shall be the duty of said receiver and he IS hereby required, empowered and autho- rlzed by himself, his attorneys and agents to immediately and at all times take all needful l and proper steps to secure and collect, sue for, l demand, receive and recover all decrees, iudg- ] ments, choses in action, bonds bills notes, &C., l counts, claims, all debts whether legal or equ- l table, ln favor of, or due, or to become due to sad bank or said trustees, any officer or per son, on account thereof, and due and owing 9 or winch may become due and owing bv any person or persons, or any corporation or cOrpo-
 ratlons whatever, and shall be authorized, and
 empowered to rccelycln payment of said debts or any liability due to said bank or said trus-
 trees, bonds issued by this State to the State or
 Real Estate Bank, and coupons due thereon according to an act of the General Assembly, 3 and approved on the 12th of January 1853,
 and which act is adopted by the court (the hy- pothccated bonds exccpted) and the notes of F said bank or branches at par.
 That it shall be the duty of said receiver
 and he is hereby required empowered, and au- thorized, by himself, his attorneys, or agents to enquire after the lands, tenements, and be- 7 reditaments aforesaid, and have the same taken :. care of, and protected from waste and injury
 and so of lands that may hereafter be acquired, in payment of insolvent debts due the bank or said trust and shall cause all taxes and assess 3 ments thereon to be paid, and redeem any lands that may have been sold for taxes, if practca- ble, and that tenants or persons in the occupant , cy or possession of any such lands, tenements : or heredltaments shall be required for the time being to attorn to said receiver and pay to him the rents and profits thereof and he shall have the power to lease at any time, any of the lands belonging to said bank, or said trust, and on 3 such terms as may be just and proper, subject
 to the order of the court
 5 Thatth said receiver shall be authorized and required, and it is hereby declared his duty to
 sue for and recover all property real or nersonal