Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-12-01


should obtain possession OF the ians, . hsge saD
Of moasy, which the orator. aver 70 b on hun.
dred thousand dollars, together with other large
sums Of money expected 70 b realized 70 Ne
great injury Of the orators ana me osher hoieers
and owners OF the taid bonds secured by saad
first mortgage.
And further setting forth that the aid Che az
and Hart in furtherance OF the same faudt nj
intent, and further combining q afcresaid "a
the individuals Aforesaid, have At divers sn'rs
made application TO divers other Persons, hoio'is
and owners OF said bonds, ana those tntere ed
IN the management OF said railroad, or han q
interests IN, or liens thereon, OF claims tie'' 0,
and corruptly endesvosed 70 ,naSoS saic eh
to aid Thorn the said Chcever ana Hart, lag -
curing the possession q said pfopeuy,foruf =
pose Of pr occurring sale thereof to the said u o
yer and Hart, In their own names,or IN the nS.e
am fraudulenlly and corruptly promised such
persons that they, said Chesver and Hart, would
share With them the proAis which might thereby
be realized
And further setting fo;th that the said Cheevef
and Hat, further com bining % Aforesaid, on the
3lst day Of March. 1853, With the corrapt intent
afore aid, hied bill Oh 90 mpisnt IN the court q
Chancery, within ana ior the county OF nuusnoa
against the Rutland and bprnnsson hnifosa
Company, ID. A. Smaley, and f. Cha in, and
session Of the premises, and praying to be placed
by some form OF decree in the possession OF Sne
same, and for other relief, and that thereehsf.
wards, thinking they could better aecompl Oh ne
sad fraudulent purpose before some other Chan
cellor, caused the sara oil 70 te uucontnoea.
And further setting forth that afterwards, on
the 23l day OF July, 1868 the "a q Cheever ana
Hart combini, as Aforesaid, al d with the fraud
ulent intent afores aid, filed certain Other bill Of
complaint In The court Of Chanoery within ana for
the county OF Windham, ofthe tane purport Of
that so di continued in the county Of Rutland,
and u erein praying tor mbstantally the same
relief that tue bid BIZ charA and Stewart, defen-
dants ther, in, file their answers IN 10 cause;
e. . <aEa nd q
| and protrac,ed hearing was had on the applica-
ton Of raid Cheever and Hart for tn possession
Of said railroad pro perty, and for rec ivers,
all of hich prayers and motions we're, after such
full hearing ,deaed, ane taid bill fcomp Amt was
dismissed.
| And further citing firth that the taidCheever
and Hart, istng in the corrupt intent Aforesaid
and combining Is aforesaid. md avail ing them.
selves of the aid Of the tsia SmR ley, IN ursuAnos
Of the corrupt bargain aforetaid have brought an
other bill in Chancery, made returnabls at the
March term of the Rutland County Court, A. d.
l864therein alleging substantially the same faote,
and praying for sui stantially the same re fwith
the same FRA udulent desig On Of obtaining the pos
session of said raj road and property, and with tbs
same cor intent of availng themselves OF some
form of decree BY said cour to be made 10 enable
Them 10 sell and DISPOSE Of said property for their
own benefit.
| And further setting forth that the saidCheevef
and Hart threaten to prosecute said suit, and 70
bring other tuits, Ut iii their said pt des On
ehali be acccmplishsd, to the great injury OF said
trust prOperty and in fraud Of the lig ats Of the
/ orators.
And further setting forth that all o. aid suit
are brou ght and main tanned only III iascr OF sale
Cheever and Hart and such Of their iederatel
as NAV and do come in and join with h. IN III theil
said fraudulent intent and purpose, I'd there
, from excluding all Others the bondh. $, undel
said first mortgage, who do not, hs not ant
will not Join WITH them in their saiG pit bar
gains and frauduls mt intents.
And further setting ferth that thss nave reason
TO believe and do believe that the said Cheeve
, and Hart will succeed by and through the oorrup
means ard praet ces aforesaid n obtaining tn
possessi on of said railroad and property, withou
right and for said corrupt purposes unles
Q restr aimed by the injunction OF this court
AMI praying that the defendants may answe
d the Or emises and that the said cheever an
d Hart may be removed from being trustees unde
n the said indenture, and be perp tualy enjoine
d from any further interference with the property
e premises rights and interests, conveyed by sal
first mortgage, and from taking possession Of th
!. same, or any part thereof, al d from commencin
any suit, in Law or equity, pros cutting any su
d | in law or eaui heretofore com enced and no
/ pendipp q, or hereafter 10 be commenced, for tn
i purpose of obt aiming any possession Of the sci
Il property, or Of asserting any rights under or
: yyirtna ofssid indenture; and that trustees ma
~ I'd in IN. pIace an nj cad Of said Che