Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-01-04
VTATE OF VERMONT, RUTLAND

CTAlE VT 'His'"'A'' wv
Enoeh Smith
4 h. Railroad Co., Edwin In Cnsneery'
4 Birehard, John II, Page, a.. NJ. ,os.
9smas Cheeyer, William 7, sept Term, 100
Hart, David A, smalley' hph'
rain Chaplin,
Connty M Rutland, has filed his bill In Chance
~ sns{nst The above named defendants setting
- that Al the September Term Of the County
Noort A d. 1854 the orator recovered Judgment
sgeinst the said Railroad Company, for the use
.nd location of said road upon his lands, which
,udgment was founded upon the report and as,
sessment of Commissioners appointed by said
court for that purpose; after deductlng claim
In offset thereto, the balance OF which amounted
20 the sum of 81 ,I|l 20,
That said Railroad Company were authorized
10 contract debts aud raise money for the con
s,ruction 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 ID, 1851, exc
cute o mortgage Of said road, and that ancr-
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
Cbeeyer was appointed in the place Of the said
Loring deceased and afterwards William r.
Hart was appointed in the place Of the said
Thatcher, deceased.
That on the first day Of August, 1853, the said
Railroad Company made their second mortgage
10 Samuel Henshaw and |, Thomas Stevenson,
as trustees of the second mortgage bondhOldCrs
and that the title and interest Of said Henshaw
and Stevenson became, by resignation, death,
appointment or assignment, vested In David A.
Smalcy and the said Smalley and Chaplin claim
20 be the duly appointed trustees Of the second
mortgage, subject 10 the interest AZ the fret
mortgage hOndhOldcrs.
That ON the 10th day of November. 1853 the
tSid Railroad Company conveyed all their in
.CIest. estate and franchises 10 the sad Hen.
shaw and Stevenson, their heirs and assigns
and delivered the possession of said road 20
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 Raid Iieushaw and
Lee, their heirs, assigns and successors, under
the said second mortgage, and of which they
look possession.
That on the 10Th day Of May, 1854 the said
Railroad Company did convey the said premises
20 Thomas Thatcher and David A. Smalley; that
the said Thatcher and ueushaw are deceased,
and that Edwin A. BirChard Of Boston and John
b. Page of Rutland are now appointed Trustees
and now have possession and operate said road
And the said Orchard and Page claim that they
are restrained from paying out Of the funds de
rived from the operations of said road, other
Khan by and under the order Of said Court of
ChanCery.
And praying that the said Birchard and Page
he ordered to pay out of the funds derived from
the operations of the saiu road the claim Of the
orator for the Judgment for said land damages
due TO the orator rs before set forth.
The said James Chccyer, William 7. Hart and
Ephraim Chaplin, residing ont Of this State, so
that they cannot be notified by subpoena II is
ordered that they he required to appear on the
first day Of the next stated term Of said court,
TO be held at Rutland within and for the county
of Rutland aforesaid, and make answer thcrto
and for that purpose the complainant shall
cause to be published in the Rutland HERALD,
printed at Rutland the substance of sand petit
zion, with this order, three weeks successfully,
the last OF which TO be at least twenty days pre-
yiOu- to the commencement of said term, which
shall he deemed sufficient notice.
Dated at Rutland aforesaid, this 18th day OF
December A, D. 1865
F. W. HOPKINS, Clerk.
R, Z. TRIAL, solicitor for Orator.
52-w3w&dlt,