Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-08-05
NOTICE.
JoHS McKIssoN, IN CHANCERY
ALEXANDER BAN,
JOIN MACDOUGALL, and the
VERMONT B0sTOS TELEGRAPH Chittenden
CONrANy County.
IN CHANCERY

JOHS MChlssoN, IN CHANCEhf
ALEXANDER BAN,
JOIN MACDOUGALL, and the
VERMONT & BOsTOS TELEGRAPH Chittenden
COMPANY. County.
John McRisson, Of the City Of New York. hay-
% Ing brought his bill in Chancery against Alex
ander Balm. John Macdou gal and the Vermont
Boston Telegraph Company, returnable % the
Court Of Chancery for Chittenden County, on the
18th Tuesday Of September, l564, and having filed
said bill in the Office Of the Clerk Of said Court,
wherein he sets forth in substance that in the year
1851 said Balm was the owner Of 2s5 shar IS Of the
capital stock Of said Company, standing in his
name on the books n said Company, and held GER
tifcates therefor numbered from No. los 10 NO ls5
inclusive, and that on the 18th day Of July, ISL,
said Balm executed 70 said Macdougall power Of
attorney, authorizing him % sell and transfer said
stock, but as the agent and for the beneht and on
account Of said Balm that said MacdOugal there
after sold and transferred TO the purchaser o. II
such shares but wrongfuy caused 70 be transferred
% himself the balance % SAID shares, being 20 sare-
upon the books Of said Company, and took new GER
thcates thereof % himself. dated August 9 lo5 and
numbered fl4 as fl6. Az AIS and 4l9, each for 90
shares; that said Maciougal afterwards surrendered
20 said Bain and as his property, said certificates for
80 shares, but had wrongfully neglected 70 cause
the same TO be transferred upon the books Of said
Company, or 70 make any written transfer thereof,
so that on such books said Macdougau appears t.
he the owner thereof whereas he has no interest
therein, but the same were the property OF SAID
Balm, and are now the property Of the Orator.
That on the 18th day of August. 1853, one William
II. Allen, as the assignee Of one Marshall Leferts,
the City and County Of New York, duly moved A
udEnent against said Balm, in an action in which
said Balm appeared for the sum Of 500 dollars dam
ages and IL 57-l00 dollars costs upon which Juds-
ment execution duly issued, and was committed :,
the Sheriff II the County Of New York for service,
who made return that said Balm had no personal or
real estate in said County Of which 70 levy said eX
ecuti0n and thereupou, on the 10Th day Of Janu-
airy, l564 the said Allen brought his complaint in
the same Court against said Balm, Macdousall and
said Telegraph Company, setting forth the facts
10 this bill stated and praying among other things
that said 30 shares Of stock might be declared %
lie the property Of said Balm and that the same
mi ht be sold by receiver 70 be appointed by the
Court, and the proceeds be applied towards the
satisfaction Of said judgment which complaint was
duly served upon said Balm and said Tele-
graph Company, and said Court at a special Term
thereof holden the 18th day Of June, 1851, in
said cause did order and decree among other things
that said 30 shares Of stock were the property u
said Balm, and were liable 70 be sold as such. and
the proceeds applied upon said judgment, and APP /
pointed one Herbert B. Turner a receiver, % ]
make ale Of such stock and application of pr0eeed.;
and that said receiver did after giving proper bonds
and upon due advertisement and notice, sell al /
public auction said 30 shares Of stock 10 the Ora
tor the highest and best bidder, on the % day Of
July, 1885,, and conveyed the same TO your Orator I
by his receivers deed and that the Orator paid /
therefor and the proceeds OF said sale were applied
on said jud gment Of all which said receiver made
report 10 said Court, and said report fully
drmed by said Court and that said Telegraph 1
Company afterwards, by its President and Treasu- /
rer issued 10 the Orator certificate in due form
for such 30 shares Of stock certifying him 10 be the
OWNER thereof al (WHICH proceedings were 4olNl- {
ing % the laws Of the state Of New York. The j
at0r claims that by reason Of the premises he has i
become the owner Of said 2fO shares but that said I
Balm. Nacdougall and said Telegraph Company 4
deny the same, whereby doubt and cloud is thrown
upon the title Of the orator; and prays, among .
other things, that the Court would declare by de-
cree that said 30 shares, standing in the Of .
said Nacdougal on the books Of said Telegraph .
Company, we're held ior the and benefit Of said .
Balm owner, and that the has, by the pro-
ccedings above stated, become the owner Of said .
~ shares and thai .Ne same be transferred % him
upon the books Of said Company, and that an in
junction issue prohibiting said MacdOugall from
conveying or transferring said stock and said Tele
graph Company from receiving or recording any
such transfer until the further order Of the Court
and that such injunction be made perpetual, and
said Balm and MscdOugau be prohibited from set
ting up any title 20 said stock, and for general re
ief and such temporary injunction has been Issued
accordingly. and a subpoena.
N0ir u lFYedrsng, that the said Alexander Balm
and John Maciou-au reside out Of this State, 50
that a subpoena cannot be served on them II is or
Tered, that said complainant cause to be published
In the % Free Press" public newspaper published
~ BurlnEtg To the County Of Chittenden the sub
stance Of said bill, as above set forth, for three
weeks successfully, the last Of which shall be at
least twenty days previous to the 9Th Tuesday II
September S6i, being the commencement q the
next stated Term Of the Court OF Chancery O. he
holden at Burlington within and for the County %
'httcnden, az which time and place, on the first
Jay Of said Term, the said Alexander Balm and
John Macdougall are required q appear IN said
court, and make answer 20 said bill.
Dated at Burlington in Chitteuden County this
18th day Of July, 1854.
DAS'L ROBERTS,
solicitor for Orator w513