Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-12-15

tund when they, the lald JheevaS,' ssa trust
ssoaiu opialn possession OF the ZANE a naft
Nn'eh no ora ors aver 10 be one h'a,
wv 'houSahI collars ogethpr with othsr ien'
sum, 81 money expected 10 be rsslisap '' lAtse
great injury OF the orators aud lie otha, 10 W INA
ana owners Of the said bonds seoured bx VI
nTat moIlg,go " sald
And further setting forth that the said Cha.
and Hat IN iurther6nos OF the gamc SanS9w
intcat, and fur her combining "a afor,saiI s.'u
the individuals ator sad, have al divers r ~
made Application 20 divers other pers1nS hnlSaeas
ana owners OF ESD boisds, ana those interested
IN the management &C said railroad or haysnaa
interests In, or liens thereon, or claims TIERS
and oorruptly andeavosrd 20 induce ssid ,s,snn.
TO aid them the sid Cheever and Hart N ~.
curing the possession OF SAID property, for the pur
pose OF procuring n ale thereof 10 the s,id uba.
yer and Hart in their own n tInes or In the na,a.
Vi spme other person o lers INA, for their hansa.
sh haudulen' y AMI corruptly Iromised snas
Ressohs that they, said eheever and Hart WOULD
~ ss i'm them the PROD = which might thereby
Ana further setting 10 tn that the said Chsava,
sna raw, mrther oombn ne az aforesaid, on ths
stss dsy Q, sree 1858, with the corrupt intent
ohanoery, within aud Tor thn oountv AZ Rn, us. o.
against the Rutland Ani BurHrSton RaiIrasl
Company, ID, Smslioy, and Y A Cha in sus
otheis, therein oainnS 10 be entitled 70 the pos
session Of the premises, and vrayinr 10 be plaost
BY some form OF decree IN the posssS sd IN al M
same, and for other relief, and thai thsraaster-
wards, thinking they ooud better accom- 0, an ana
81 fraudulent purpose before some Other chan
oellor, caused the sait bill % he deoon unued
And further setting forth that afterwards, on
the - day OF July, 1888 the sa d Cheever ana
Hart combinir as Aforesaid, q, with the FRAUD
ulen' intent afore aid, filed certain Other bill Of
complaint In the OF urt Oh Chancery within and 10,
the county Of Windhtm, o. the anne purpor. Of
that so dt Continued n ths nty of Rutland,
aad q erin praying tor snss'snt ANY the sams
relief that tie ID biIchaT Ia Stewart, defsn.
dants be' in, A. their an 'Sors IN I'd cause;
tn testimony Gss taken, ans Icing, expensive
and protrsG,,i bes iag wa had on the applica.
ton Of raid Cheev.r AID Hart for IN possession
Of said rallrosd n, ~ perty, and for RIO iysrs
all of which rayers and IN aons were, atter such
fall hearth ,deIId, ane said bill ofeOmp, amt was
dismi ssei
And further citing i'r h that the EaidCheever
aud Hart,ptr isting the 90 rupt intent AZORES aid
an d oombtuiug as aforesaid. nd val ing them,
selves of the aid OF the said Sma ley, N ursuanes
Of the corrupt tsrgain Aforesaid have brought an
Other bill in Chano Try, made returnable at the
March term of the Rutland CouutT Court A. d.
1861 therein sNeglng su s.antialy the same factS
and praying or sut Btantial the same re ipf with
the same ludulert design Of OBJ shining the pos
Ees sion OF s,id raj roai and proper y, and with tho
same rupt in 'ent OF avail ne themselves OF some
form of decree, by sail n TO b. made - enable
them tos,l AMI dispose of said property for thsir
own benefit
And III tb setting forth that the saidCheevsr
and IIsr threaten 10 prosecute said suit, aud to
bring 9th r'u &, VI I'll their said corrupt des IN
shall De ACC mp Ssh d, 10 she greet injury of said
trust property, aud IN fraud Of the rights OF the
orators.
And further setting forth that all of said suit
are brought and mllntained only IN favor Of said
oheever and Hart and such of the oonfsderates
may and DO come IN and join with them in their
said FRAUD client int-nt and UIpo.e, and there
from excluding all others, The bondholdsrs, under
said frs mortgage, who DO not, have not and
will not JON WITH them III their said corrupt bar
gains and frsudul Mt mt nts.
And further setting ierth that they have reason
20 believe and do believe that the said Cheevsf
and Hart will succeed by and through the corrupt
means and pratt ocs a4resald obtaining the
possession of said rSilT ad aud property, without
right thereto, and for said corrupt purposes unless
restrained b. the in junction of this court
AMI praying that The defendants may answer
the premises, and that the said Cheever and
Hart may be Temoy, d from being trustees under
tne said ndentufe, aud be y Tp tually enioiued
from any further in'erferonOs with the property,
prem -es, rig ~ ard inteTe &, conveyed by SAID
DIR mortgage, aad from 'akin z possession Of tbs
same, or any part thereof a. d from commencing
any suit, 10 la eqHtty, or grog' cutir any suit
in iav or equi y here tof re com enced aud now
pendi' &, or Re eai er be 90 nnenced, for the
uurp6se IS oDia,n ng any poss, $50 of the sail
properly, or OF as ring any rights under or BY
Vi u Of said ind IN ure; and hat trustees may
be poia I'd in the plac5 ard stead OF said Chez
Yer and Hart; and that they may be deoreed to
e. eouts and d hy 70 ucl persons a. this Hon.
orab,s Court may noHina c, oder ana ,p0iRt,
such deeds # re cas- 81 rrender, Assignment, OF
Gu t-olaim, or ether con an(e of the said pro-
perty rights ani inttre, ,, Is tits Honorable
Court snail order ard dir"ct; d for such other
at d further relief - this Honorab O. urt shall
de IN meet.
And tia peariug that the sid JAMES Chez YER.
william T Hsrt, jacob Edwards, Jr., John 8,
Z rlow, Joseph NJ. Wigatmsa, dwight Foster
George @. L rd, william Thomas, and J. Amory
Divis reside w.t. tut the limits and iurisdi 2tioo
# this st't- that pc soual % of said an
of complain aud subpoena cauu1t be mad, upop
them:
Il j. ordered by the o., IT that .ao,ioa o, ,hs
a ing aud p udtucy Of said bill II @, mpIaint. and
OF the ssue of sad slipper b, given 70 sad
James Chez yer, vii lam Hatf. Jacob Edwards
Jr.,J ohn 8, Frlow,oseph NJ wightmsu, Dwight
Foster, Georgeo Lord, William Thomas and ].
amory uae ~ publishing the subs anoe of said
oII ano rs order ia the Rutland Herald q ueSs-
papee .ub ishtd IN hntlau1, in the county Of
nw.sud, aud state o. Vermont; the Boston Jour
'ial, newspaper published ia Boston, Ia the
Commonwealth of Masssohu etts and the New
York 1imes, a newspaper published in the city,
county aud state OF New York, for three weess
spoce IS! ely the last eetd lublica iona to Be az
iea.t three weeks before tbs ,ertn to which said
sabpoeus il returraole as aforesaid.
Datei at Rut aud aforesIid, this 18th day OF
November, A. d. 1854.
p. W. HOPKINS, Clerk,
DEWEY JoycR, Solicitors ior Orators.
no 2Sd&wSs