Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-12-28
STATE OF VERMONT, District @
CTATE OF VERMONT, RUTLAND

Enoch Smith
r. 4 b. Railroad Co, Edwin In Cuauccry,
A. Brchard, John b. Page,
James Cheever, William I. Sept. Term. 1865.
Hart, David A. Smalley, Eph-
rain Chaplin.
Whereas EnoCh Smith of Clarendon. in the
County of Rutland, has filed his bill ia Chance
ry against the above named defendant7 setting
forth that at the September Term OF the County
Court A. D. 1864, the orator recovered Judgment
against the said Railroad Company, for the use
and location of said road upon his lands, which
Judgment was founded upon the report and as
sessment of Commissioners appointed by said
court for that purpose; after deduCtiug claim
in offset thereto, the balance OF which amounted
to the sum of 81 ,721 35
That said Railroad Company were authorized
to contract debts and raise money for the con-
struction and furnishing said road, and for that
purpose Franklin Haven and Samuel Hooper, as
Trustees of the first mortgage of said company,
did on the 1st day of February, A. D, 1851 exc
cute a mortgage of said road, ana tlat AFTER
wards Thomas Thatcher was appointed trustee
in the place of said Hooper, removed, and after
wards Elias Gray Loring was appointed IN the
place of the said Haven, and Afterwards James
Cheever was appointed in the place Of the sald
Loring, deceased, and afterwards William 1.
Hart was appointed in the place Of the said
Thatcher. deceased. .r..
That on the first day of August, 1858, the said
Railroad Company made their second mortgage
to Samuel Henshaw and |. Thomas stevenson,
az trustees of the second mortgage bondholders,
and that the title and interest of said Henshaw
| and Stevenson became, by resignation, death,
appointment or assignment, vested in David A.
Smaey and the said Smalley and Chaplin claim
| TO be the duly appointed trustees of the second
| mortgage, subject to the interest Of the first
| mortgage bondholders.
| That on the 10th day OF November, 1903, the
| said Railroad Company conveyed all their in
| terest, estate and franchises to the said Hen
| shaw and Stevenson, their heirs and assigns,
| and delivered the possession OF said road 10
| them And that afterwards William Raymond
| Lee was appointed Trustee in the place OF the
| said Stevenson.
That on the 18th day of February, 1854, the
said Railroad Company, by vote of the Direct
| ors thereof did surrender all their estate, real
and personal and franchise, and delivered the
possession thereof to the said Henshaw and
Lee their heirs, assigns and successors, under
the said second mortgage, and OF which they
That on the 10Th day of May, 1854 the said
Railroad Company did convey the said premises
| to Thomas Thatcher and David A. Smslley that
| the said Thatcher and Henshaw are deceased,
and that Edwin A. Orchard of Boston and John
B. Page of Rutland are now appointed Trustees
| and now have possession and operate said road
And the said Birchard and Page claim that they
are restrained from paying out of the funds de
| rived from the operations OF said ROAD, othel
than by and under the order of said Court o.
| Chancery. ...., .s..
And praying that the said Birehald and Page
be ordered to pay out of the funds derived IRON
the operations OF the SAID road the claim of thu
orator for the judgment for said land damages
due to the orator as before set forth
The said James Cheeyer, William ]. Hart ant
Ephraim Chaplin, residing out Of this State, g
:, that they cannot be notified by subpoena; 1t II
ordered that they be required to appear on thu
hrst day of the next stated term of said court
to be held at Rutland within and for the count.
OF, Rutland aforesaid, and make answer therto
and for that purpose the complainant shal
cause to be published in the Rutland HRRALI
printed at Rutland, the substance OF said pet
ton, with this order, three weeks successiyely
the last of which to be at least twenty days prt
vious to the commencement of said term, VINE
shall be deemed sufficient notice. - -
Dated at Rutland aforesaid, this 25th day
December A. D. 1865. -. a..
r. w. HOPKINS, Clerk.
10 p r TupArI Solicitor for Orator
AZ ~ ~ 52-w5w&dit.