Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-12-08
LEGAL NOTICE.
CTATE OF VERMONT, Rutland, S.

- In Chancery,
Aaron W. Spencer, Nathaniel c. sawyer, Dan.
iel ID Brodhsai, Franklin J. Pratt, Frederick
Janes Chseyer, william r dart, Jacob Ed
warls, Jr., John :. Farlov, Jefeph NJ, Wight. |
man, DWIGHT Foster, George Q. Lo d, William
Isoaas J., Agsry ,s N, aSa Tss Rq.sad and
where's, Aaron W. Spencer, Nathaniel @.
SAWYER and Daniel ID. Brodhead OF Boston, in
the Commonwealth o Msssachl sets, Franklin
j. Psats Of the city, coun and Stste Of New
York, Frederick Chsiise aud Jacob EdsertoR OF
Rutland, in the county OF Rutlani ana state Of 1
Vermont, ala on the 18th day OF Nov'r, A.
sea- ne their bill Of oemplasnt on behalf of
ID msel 50 a. no ders and owneis OF the notes or
Obligation secured by tn hrst mlIg,ge, 80
ca ed. OF ha Rutland and Burli lgton raj road |
campany, ard tue notification thereof, and OF |
all o,A efs the h l,srs and ovneys Of any OF the
sad notes or obligations, N the Court 81 ohsnee-
~ vithia and f0I said county OF Rutland, setting
forth IN substance the charter and organizanon
Of the Rutland and Burlington railroad compa
ny; the construction by the said company OF
said railroad and equipment thereof; that tie
| same has been completed and is nov in operation
under and according TO said charter, nom Rut-
| land TO Bellows Falls in the State Of Vermont
and that the said corporation, in locating and
| constructing raid railroad, incurred large debts
| aud expenditures, and thereby be ;ame involved
| in pecunisry embarrassments;
| 4 And further setting forth the issuing By said
company for the purpose Of buildir ano FURNISH
| the bonds Of said company to the amount of one
| million eight hundred thousand dollars in the
sggreg..ts, =. sums Of one thousand and Eve
hundi ed dollars ZACH, dated the LIST day OF Feb.
/ ruary, A. ID. 1851, payable in twelve years from
| the date thereof, and interest at the rate Of.
| seven per centum per AMMAN, payable semi
annually; the authorizing Of, and execution py,
the said company, OF mortgage, so eaIe1, Oh
said railroad, bearing date the LIST day OF Febra.
ary A. u. 1851, to secpre the payment OF SAID
bonds and the interest thereon, TO Franklin Ha-
ven AM Samuel Hooper OF Boston, trustees OF
the holders OF said bonds, commonly ealIea she
first mortgage, and setting forth the provisions,
conditions and provisss in said instrument coz
tanned, III oetail:
And further setting forth the modification Of
said mortgage subsequently authorized am made
nv SAID company and the Issuing of bonds there.
uudtr, parcel of said aggregate sum OF one mil
ion eight hundred thousand dollars that the
bonds SO issued, now held by the orators and
those in whose behalf they plain are due and
unpaid, with tue interest thereon in arrear
since the LIST day % February, A. d. 1854;
And further setting forth the authorization
| and issuing By me said company, on or ao,ut the
Isl oay Of AUGUST A. d. 1853, of the second
mortgage, 50 called of said railroad, rights and
| property, to Samuel Henshaw and J; Thomas
Stevenson Of Boston, III ortgage and IN trust
,or the secur t. of the payment OF the ponds oil
said corporation, bearing date the lst day OF Al
|, gust, A. d. 1868, to an amount not exeeedin.
twelve hundred thous md dollars, now held ant
owned by divers persons; the execution BY ~
: SAID coz pany on the 18th day of November A ID
= 1853. to said J. Thomas Stevenson and Samue
Herfshaw, as such trustees OF a DEED OF surren
der of all the property eonve! ed by tald scconf
dees ofmortgage in trust for the uses and pur-
poses in s,io sec md mortgage declared, and tn,
acceptance by sad Stevenson and Henshaw
. said surrender and tae taking of possession o
enid railro ID and property Hereunder:
- Ami further setting forth that Afterwards tn
y. title and interes. of Henshaw and Stevenson
y trustees As aforesaid came by apo nIment I
70 David A. Smalley az EphI aim A Chapir, an
.lo&a ,,J liav and
IL L es and in the possession and management c
ST SAID railroad from he 18th day Of March 1868,
!, the 10th da of July 1868; that said Smaliey an
IL Chaplin wer succeeded by John W. Stewart an
= E. A. Birchard; aad thai 4. A. Birchard an
n John B. Page are now the legal trustees and !
y the possession have the ma nagement of sal
n railroad, as trustees of the second mortgag
st And further setting for b that the said Franz
4. lin Haven and Samue H. oper, on the ID h day
at March, 1868, ceased to act trustees under sal
J. first mortgage, and that James Cheever and vii
lam f. Hart Of Boston now C aim 10 be the ~ q
\. trustees VI der said mo,tga ge BY due and leg
appointment and are row aeans as such trui
!, tees, and c aim torepresent the owners OF II
bonds secured by said first mortgage:
- Ard further setting forth that neverthele
Of the said Oheever and Heit are not legally a.
IA pointed trustees under said first mortgage tn
thev have never been duly appointed as suS
Of trustees in the manner prescribed in sal instr
IT, ment called the first mortgage, that their elaI
to actis unfounded in law and equity. false ar
IA fictitious, and that they are unfit and incomp
ts tent to act, or to be appointed to act, as sa'
ID trustees:
o. And further setting forth that the said Cheev
nv and Hart well knowing that they were not u
IA legally appointed trustees as Aforesaid, and tn
nd they had no authority to act as such, with q
ed fraudulent intent to obtain some kind OF preten
ed confirm alton of their pretended claim to a
Az as such trustees by inv king the Court of Cha
Gerry in that behalf, without the request or I
knowledge OF II e orators or of any considerai
| portion Of the holders and owners OF the bon
r secured by said first mortgage, and while esrta
oI bill of complaint in their behalf was pending
he said Rutland county, in which they prayed to
placed in possession Of said railroad and prope
IL ~, in utter disregard Of the legal and equitat
ct, rights Of tie orators and tina other holders a.
owners ofsaid bonds and With the intent to co
ep. ceal all know edge Of such their fraudulent pl
les ceeding from the orators, and the majority OF
cal bona holders of said bonds secretly and sere
to titiousiy scnt oat of So Rutland county, whe
len their said eill O. complaint vas pending,
his wberethe Court of Chaneery was holdir a
t- exercising full jurisdiction said trust prop,
.g ty, and preferred their pet ton to Hon. Jan
'ou Barrett, Chancellor, OUT Of regular term, and
IT. vacation, sitting within and for the county
lot, windham at the office Of one ofthe Solicitors
to said Cheever and Hart, therein prsyi for !,
nss sousset forth in said petition to nave their 8
pretended authority - act as such trustees, 9;
Ny hrmsd BY tb. order and decree Of said ohanc
.or; and that they, the said Ceseyer ana a,l hs
;. frapdulently procured such order ar decree
- be maze by said Chancellor, without notice to
of OF atOrs, OF to the vast majority Of the bona
holders and owners Of said bonds notice IN !
tne being given only to JAG b edwards, Jr., Dwi
Foster, George c. Lord, John s. farlow,
o. Amory DAVIS, and william Thomas, they &c
list dessnate By said Chancellor as fit and pro
): persons to represent the whole class OF DO
you holders, pen the motion Of the Solicitor OF
Cheever and Hsrt:
!, IN And further setting forth that said Edwa
4. ~. Foster. Lord, Fariow, Davis and Thou
tns having obtained some OF said bonds LOT the
Oh nose Of speculation, prior to the making
Iow' nreferripg said petition had entered into s
state plent combination with said Cheever and !
iuea to procure the possession and make DISPOSE
-, Of the property covered by said first mortg
day for their own benefit, in fraud Of the right
the orators, and the majority Of the boni
er. holders and owners of said bonds, which
- was wholly unknown aud fraudulently CONGO
Il of from the Chancellor who made said order,
r the that so the said Edwards, Foster, Lord, Fan
Davis and Thomas, by reason thereof, were
and unsuitable persons to represent the int
IA. of the bondholders under said mortgage.
ruar And further setting forth and ayerring
Hsr. said petition and all the proceedings under
aeon. | same, were without the warrant Of any la
SAID right whatever, illegal, fraudulent and void
vaTds that the said pretended appointment by conn
,asad tion of said Chancellor Is wholly nugatory
- axI FbAAx