Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-08-19
NOTICE.


ions MchIssoS, IN CHANCEki
ALsx,yDsB BaIv.
fHrr HAlUurGAtL. and the
FtsaCSi a Bysrus TaLEGRAPH Chittenden
C.vrANY. County.
IOHN Mex, son. o. the City q New York hav-
y Ia- brought Dis tlli IN thanceTy against Alex
llI.r ..4.H. tnhn Hsciou-su aud the Vermont &
Boston Telegraph Company, rsturnable % the
Court ur hIuc- ~ for hittent-n County. on the
ftH Tuesday 90 september, l-oii and having nled
.rU UfI il t.e o1i-s uf the Clerk Of said Court,
alcro bee O. lrtl SO sufstance, that IN the ear
-- -rI Balm wa- the owner rs shar q Of the
r..it8I srDcs uf sail Company. standing in his
ni.r on gao books Z said Company, and held GER
ti-ft.s therefor NUN erred from No los q No lS5
uc.4si.. aud that ol the 9Th day Il July, ISL
,.l Balm tx cu-ri O. -aid Macd0ueRll power o.
utforleE. authorizing bin g. sell and transfer said
sfl. b. nut as tho a-eut AMI for the benefit and on
account 81 sA.J Haini that said Nacdtuzall there
alter Oh alt Transferred 60 the purchaser - u
sacl -hs4cs ut wr0uglllh caused O. be transferred
tthl--lit 'aiaLcc ofsld shares being ~ shares
upon lle books of said Company, and ok new GER
u---te thereof O. himself dated Au-ustsr - and
uu.Hc-c iflf as SO 81, as AMI fl9. each for 80
-l-. t, tl4ts d Mac-ou-all Afterwards surrendere
Q. M .l. and SIS DIS property, said certh ,atcs for
81 -.a.as a4t h4I 'vruu-fuily neglected 70 cause
tIr same O. He Transferred upon the boy.s q said
Com atuT, c- o. make anY written transfer thereof
sH tIf-al such books said MlclauEal appears %
.e r.e .wutr thereof, whereas be has 10 interest
therein. Hlt the same were the property Of said
tl.a. and afe - the property q the Orator
Iltr the l1t+l ltF &C August. l-t3, one william
o. Al 'en AS the ass -uee - one Mar-hGl Leisrfs
ia tic supreme Court Of the STATE Of New York flr
tie titt and County of New York. duly novel 4
II.i-lc-t against said Balm, in an action n which
,l.i BAN apptaiel i4- the sum VI 7t1 do.4us dam
a--- nul - s7- si dullHr- costs, upon which Iu1E
ueut eHc.ut. au duly Issued, ami was comm tied g
DE sHtrif at the county 81 New ork Tor service,
who uIlc return that said Balm had no pee ousl or
rli estate in said County % which 20 levy said eI
c.It.u ard thereupan. on the 17th dav q Jauu-
t. I-t7. the said Allen tr.u-ht his c1inpla nj IN
fNr same Cogr, against sad Balm, MacdOuSall and
sd Telegraph COM any. setting forth the lac 50
a Tbs I'D stated, and praying among other things,
tl 20 -1ii - shares q stock might ne dec4afel 70
re- che p-U perty II sal Balm. and that the same
.t Poe sold rs receiver % he appointed hy the
Court AID the proceeds be applied toward the
lu.V served upon said Balm and said Tcle-
graph Company, and said Court az special Tea
thereof holden ca the 18th day OF June, is6i, in
SAID cause dii order AMI decree among other things.
tIsf said 1iu sharcs % stock were the property %
said Nai1. and were liable o he sold as such. and
fnc proceeds applied upon said Judgment and ap-
pointed one urr EFT b. Turner receiver, 50 o.
make sale Of such stock and application Of proceeds
and that said receiver did, amer giving proper BOMBS
sul upon due advertisement and notice. sell AZ
public auction said 30 shares u stock T. the Ora-
or a- tho chest and best bidder, the ID day Of
July, i-5i, and conveyed the same u your Orator
rs Do receiver deed and that the Orator paid
therlf and the proceeds Of said sale were applied
al rl.i Jui -meut; Of all which said receiver made
report g. said Court, and said report was fully
rncd hy said Court; and that said Telegraph
g. muluy afterwards. by its President and Treasu-
rlr. issued O. the orator certificate IN due form
fIH elares ui STOCK certify MIN 70 De LAc
owl cr thereofall which pro 'eedings we're accor-
in- Co the laws OF the state Of New ork. The or
atar claims that by reason Of the premises he has
become tho owner Of said 2iJ shares, but that said
Balm. Mlclou-al ami said Telegraph Company
deny tic same, whereby doubt and cloud Is thrown
upon the tie Of the orator; and prsys, among
other thn-s, that the Court would declare By de-
cree that said 30 shares, standing m the name Of
SAIL Mlcdougall on the books q said Telegraph
Company, were held Tor the use ard benefit Of said
Blu Is owner and that the orator has, hy the pro-
cecdinss above stated, become tho owner Of said
sd shares and that the same he transferred 70 him
upon the books Of said Company, and that in
junction issue prohibiting said MacdougAll from
couvryin. transferring said stock and said Tele-
graph Company from receiving or recording any
suca transfer until the further order Of the Court
md rhat such Injunction be made perpetual, and
said hain ana MHclOugall be prohibited from sot-
ting up any title q said stock, and for general
tfi and ,uch temporary injunction has 0een Is ued
accordingly, AMI a subpoena.
N9ir u 1rpsDing, that the said Alexander Balm
a John Mac 0usall reside out OF this state, so
that subpoena cannot be served on them. it is or-
lcrfd that said complainant cause 70 be published
il the Free Press a public newspaper published
ar Burlington IN the County Of Chittenden. the sub
stlnse q said btll, above set forth, for three
weeks su,ce, lively, the last Of which shall be at
least twouty days previous TO the 9Th Tuesday OF
ccp-cmner. i-Gi being the Commence meat Of the
ulXt stated Term Ut the Court Of Chancery % be
Iuiaru At Burlington within and for the County Of
Jhlr eudeu. Ht which time and p ace, on the first
day Of sad Term the said Alexander Rain and
John Macduusail are required = appear in said
Court, AMI maze answer to said bill
Dated at Burlington in Chittenden County this
Us. ADAMS Clerk.
DAN'L ROBERTS,
solicitor for Orator5 w5E3