Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-12-01
STATE OF VERMONT, Rutland, IS.
~ Tn Chauasvv

~ In ChAneery.
Aaron W. Spencer, Nsth anisl Q. Sawyer, Dan.
iel ID Brodhead, Franklin j. Pratt. Frederick
Chafee and Jacob Edgerton, Complainants, y.
James CHI ever, William I. Hart, Jacob I'd.
wards, Jr., John 9. Farlow, Joseph y. Wight
man, Dwisht Foster, George Q. Lo d, William
Thomas, ]. Amory Davis and The Rutland and
Burlington Railroad Company, Defendants.
whereas, Aaron W. spencer, Nathaniel O.
Sawyer and Daniel ID. Brodhead Of Boston, in /
the Commonwealth OF Massachusetts,, Franklin /
J. Pratt. Of the ety. county and STATE Of Nsv
Rutland, in the county OF Rutland and state of |
Vermont, did on the 18th day Of Nov'r, A. 4.
s64, f,e their bill Of complaint, on behalf Of |
themselves as holders and owners Of the notes or |
obligation, secured BY the first mortgage, 90 |
ca led. of he Rutland and Burlington raj road |
Company, and the modification thereof, and Of |
all 9th ers the hplters and owners Of any Of the
faid notes or obligations, in the Court Of Chance
ry withia and for said county Of Rutland, setting
forth in substance the charter and organization |
Of the Rutland and Burlington railrosd compa-
ny; the construction by the said company OF
said railroad and equipment thereof; that the
same has been completed and 10 now in operal ION
under and according to said charter, from Rut-
land to Bellows Falls in the State Of Vermont
and that the said corporation, in locating and
constructing said railroad, incurred large debts
and expenditures, and thereby became involved
in pecuniary embarrafsments:
And further setting forth the issuing BY said
company for the purpose Of buildin and furnish.
ing said railroad, and paying the debts thereof,
million eight hundred thousand dollais in the
aggregate, in sums Of enc thousand and five
hundr ed dollars ZACH, dated the LIST day Of Feb.
rusry, A. d. 1851, payable in twelve years from
the date thereof, and interest at the rate Of
seven per centnns per ann1m, payable semi
annualiy; the authorizing OF, and execution by,
the said company, Of mortgage, SO cauei, OF
said railroad, bearing date the LIST day Of Febru,
bonds ana the interest thereon to Franklin Ha-
ven ard Samuel Hooper OF Boston, trustees OF
the holders Of said bonds, commonly called the
first mortgage, and setting forth the provisions,
conditions and provi,es in said instrument con-
And further setting forth the mobilization Of
| said mortgage subsequently authorized ann made
by said company, and the issuing OF bonds there'
uudtr, parcel of said aggregate sum OF one NIL.
bonds 60 issued, now held by the orators and
those in whose behalf they complain are due and
unpaid, with the interest thereon IN arrear,
since the LIST day Of February, A. ID. 1854:
And further setting forth the authorization
and issuing BY the said company, on or about the
| LIST day Of August, A. ID. 1858, OF the ,econd
| mortgage, 40 called Of said railroad, rights and
| property, to Samuel Henshaw and ]. Thomas
| Stevenson Of Boston, In n ortgage and IN trust
,ar the secur.ty Of tie payment Of the bonds Of
said CORPORATION, bearing date the LIST day OF Au'
! gust, A. ID. 1853, to an amount not enceedmi
twelve huRdred thousand dollars, nov neio ane
,a,d COMPANY on the 18th day OF November A ID
1853. to said ]. Thomas Stevenson and Samue
Henshaw, as such trustees OF sesd OF surren'
der of all the property convey ed oy sad sccont
| deed of mortgage in trust for the uses and pur
poses in said cond mortgage declared, and tn
acce ptance by said Steven son and Henshaw
said surrender and the taking OF possession o
said railroad and property hereunder:
| AMI further setting forth that Afterwards tn
title and interest Of Henshaw and Stevenson
trustees as store said came by apo ntment t
David A. Smalley ard Eph, aim A. Chapip, an
that said smalley and Chaplin were legal true
! tees and in the possession and management Q
| said railroad from the 18th day Of March 1868, (
the l0sh day of July 1868; that said Smaley an
Chaplin were succeeded by John W. Stewart an
E. A. Brchard; aad tina =. A. Blrehard an
| John B. Page are now the legal trustees and J
the posse sson d have the management OF sal
railr Dad, as trustees of the second mortgag
bonaholders:
lin Haven and Samue H oper, on the ID h day
March, 1862 ceased to act as trustees under sal
first m ortgage and that Js mes Cheevcr and vii
lam T. Hart of Boston now calm to be the leg
trustees under said mortgage oy due ana ieg'
. app ointment; and are ow acang as such trus
tees and G aim TO represent the owners OF tn
bonds secured by said first mortgage:
And further setting forth that neverthele
the said Cheever and Heit are not legally o
nointed trustees under said first mortgage tn
they have never been duly appointed as SUI
trustees in the manner prescri in sal instr
ment called the first mo rtgage, that their clai
to actis unfounded N law ana equmy; iase =,
tent to act, or to be appointed to act, as SUI
trustees:
Ana further setting forth that the said Cheev
and Hart we'll moving that they we're no. =
legally appointed trustees as aforesaid, and tn
they had no authority to act as such, with u
fraudulent intent to obtain some kind Of preten
Q ed confirmation Of their pretended claim to a
q as such trustees; BY invoking the Court o. Chs
!: knowledge OF the orators or Of any considerat
d portion Of the holders and owners Of the bon
secured by said first mortgage, and while certa
Z bill Of complaint in their behalf Vas pending
g placed in possession Of said railroad and props
", in utter disregard Of the legal and equitat
| rights Of the orators and the other holders
q owners ofsaid bonds, and With the intent TO GO
ceeding from the orators, and the majority OF :
bonafde holders Of said bouds, secretly and sere
titiousy went out Of rad Rutland county, VINE
their faid bill OF complaint vas peneine, 2
exercising full jurisdiction over said trust prop
", and preferred their pet ton to Hon. Jan
Barrett, Chancellor, ous Of regular term, and
yscaton sitting xstn 2, ana iSf s1s sOansy
N said Cheever and Hart, therein praying for
OF sons set forth in said petition to have their
st pretended authority TO act - such trustees OF
70 Tor: and that they. the said Ceeever and HI
n. frsudulsntly procured such order AZ d decree
be MAZE by said chancellor. ~-iissiolt notice 70
orators, erto the vast majority Of the bona |
holders and owners Of said bonds; notice In
being given only to JAG b Edwards, Jr., Owl
FOSTER George O. Lord, John 8. Farlov,
Amory DAVIS, and william Thomas, they b
Designate by said Chancellor as at and pro
persons to represer.s the whole class Of DO
holders, upon the motion Of the Solicitor Of |
Oheever an. Hart:
And f'1rther setting forth that said Edwa
on Foster, Lord, Fsrlow, Davis and Thon
o. bAving obtained some OF said bonds for tho !
81, pose Of speculation, prior TO the making
ca preferring said petition had entered into fra
es, ulent combination with said Cheever and I
to procure the possession and make DISPOSE
0 Of the property covered by said nrst morte'
0 for their own benefit, in fraud OF the right
the orators, and the majority Of the bona
8 holders and owners of said bonds, which
6 was wholly unknown and fraudulently conce
% from the Chancellor who made said order,
2 that so the said Edwards, Foster, Lord, Far
3 Davis and Thomas, by reason thereof, we're =
= and unsuitable persons to represent the intel
II Of the hf4dholders under said mortgage.
pom And further setting forth and averring
q Of said petition and all the proceedings under
nd, same, we're without the warrant Of any Law
3or- right whateye en- illegal, fraudulent and void;
the that the said pretended appointment by confr
the ton of said Chancellor is wholly nugatory
8Gd void and copfers upon the said Cheever
1ich Hart no power, authority, or right, to hol
Is