Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-04-03
LOCAL NEWS.

- = 1 !
! As was seen by an advertisement in yester
day 5 Gazette, the Alexandria and Washing
ton Railroad Company has instituted suit
against the Washing oD, Alexandria & George
town Railroad Company, for the recovery OF
the track and all the other. appurtenances OF
the road In December last meeting OF the
Stockholders of the Alexandra and Washing
ton Railroad Company was held 10 this city,
at which James s. French was re elected Pres
ident and a Board Of Directors appointed. -
Now, this Company has brought before the
Hon. Henry ". Thomas, Judge Of the Court
for this Circuit, bill against the Washington,
Alexandria and Georgetown Railroad Compa-
ny, j. B. Stewart and various other parties,
praying for an Injunction against their longer
possession Of the Road, ano base their plea up
on the following reasons, viz: That $50, 900 in
coupon bonds of the Alexandria and Washing
ton Railroad Company, for which the road was
made liable, were delivered by Mr.. French to
Joseph Thornton, in view of false representa-
tons made by Thornton and Dawson hat
Mr.. French had no authority to sell these bonds
upon such terms as were stipulated between
him and Thornton; that az act OF the Legisla
ture of Virginia authorized the issue of such
bonds at seven per cent. per aonumn, and their
sale therefore at thirty and third, or the
$50, 900 for stipulated price of $4,000, of
which, however, not more than three or four
thousand was ever received, was in violation of
law and usurious that the proceedings in the
County Court of this County by which Walter
Lenox was removed from his Office as trustee
of the road land j. B. Stewart substituted, were
wholly irregular and insufficient to bind any
party, and their record shows that the order of
substitution was made without notice or order
of publication to any parties who interested;
that The order was made on the petition Of Jo-
seph DAWSON who had no legal interest in the
proceedings, and who was not an agent or at
orney Of Benjamin Thornton; that the sale OF
the road, made in April, 1862, was contrary to
the act of the Legislature entitled, AN actstay
ing collection of certain debts, which among
other things provides: 'Norshal there be any
sales under any deed of trust heretofore execu-
ted without the consent of all parties the
charging that the sale was made
without their consent that Joseph Dawson
had no authority as agent to call onJ. Is. Stew
art to sell the road, under deed Of trust to Wal
ter Lenox; that the conduct Of Stewartin ex-
posing the property to sale, with the clouds
resting upon it, growing out OF previous deeds
Of trust, judgments, &c, and striking off the
same at the small sum of sl2, 500, was oppres-
sive unconscionable fraudulent and void )"
that it was the duty of trustee, under such
to have applied to court OF
equity to have first ascertained and settled the
amount and order of priority of the several In
cumbrances upon the road. In consideration
of the enumerated premises the Alexandra
and Washington Railroad Company ask that
the Washington, Alexandria and Georgetown
Railroad Co., Alex. Hay, j. B. Stewart and
Others may be restrained from using the road
that the sale and delivery of the $4,000 cou-
pom bonds may be decreed null and void; that
the proceedings Of the Court in removing Wal
ter Lenox, and appointing Stewart in his stead,
the sale of the road By Stewart to Hay, and the
deed from Stewart to Hay and others may be
decreed Illegal that an account may be taken
of the amounts received by Stewart and Others
for transportation over the road; that posses
sion Of the road may be restored to its rightful
owners, aud that in the meantime receiver be
appointed to take charge of the road.