Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1868-04-17

York on the 18th of July, 1868, with in
terest at per cent. payable semi annually
on the first days of July and January of
each wear. These bonds pHrported on
their face to secure to the holder the bene-
fit of sinking fund arising from an in
come guarantee to the company by other
interested railroad corporations. and each
| of them set forth that 1t was enc of the
/ bonds secured by the mortgage to the
state treasurer, and this officer attached
his certificate to this effect upon the bond.
1 On the 23d July 1856, the railroad COM
pany executed $40 other bonds of $500
/ each. to Charles Kuehn, treasurer &C., and
his successors in Office, and not differing
1 from the foregoing except in the guarantee
of sinking fund. They became due at
the same time with the same semiannual
interest and purported to be bonds secured
by the mortgage to Jansen, and the state
/ treasurer SO certified on each Of them.
These bonds, called the "Kuehn bonds"
were put in circulation by the company,
and the present holders are unknown.
On the lst day of January in the year
1856, the Mineral Point railroad company
executed to d. K. Martin. and L. D. Co.
man another mortgage on its entire road
and all its property capable of being con-
yeyed by such an instrument; the instru-
ment reciting that the company was en-.
gagged in constructing its road, and had
resolved to raise money for that purpose
by issuing and delivering GAO bonds OF
$500 each, giving the language of the
same, each bond reciting it was issued In
conformity with resolution of the direc.
tors of the company, on the 9Th of Septem-
ber, 1856, authorizing bonds to be issued
to an amount not exceeding $320,OO0
that the holder was entitled to the benefit
of the ssguarantee income" The trustees,
i Comyn & Martin certified on each bond
that it was secured by this mortgage to
them, and that the bonds secured by it
were not to exceed $500, 1000.
i In describing the railroad, among other
things. the mortgage states the length of
the road to be 32s miles in length. In
other respects, the Martin & Comyn mort
gage does not differ from the others before
i set forth. All the bonds intended by the
molt tgagc were issued and put in circula-
ton by the company. There is also
another mortgage given for further assur-
ance to Comyn & Martin, to cover property
acquired by the company, subsequent to
the first mortgage to them, latter COW
enanting to execute such further assur-
ance. m
i On the 9th of April, 1859, Martin &
/ Comyn filed their bill in the district court
of the United States sitting at Milwaukee,
for the foreclosure of their mortgages, max
ing the Mineral Point railroad company,
i Samuel D. Hastings, then treasurer of the
Il state of Wisconsin and trustee on behalf
of the bond holders under the mortgage
Il executed to Edward Jansen, John nj. Keep
and Thomas Mcfarland and George L..
Schuyler, who was a citizen of New York,
parties to the bill, defendants.
i The bill recites the special act of March
i 23d. 1853, and sets forth the Jansen mort
gage, and declares the said mortgage was
i executed in accordance with that act. 1t
sets forth the substance of the bonds given
by the company to Iowa county, and the
guarantee contained in such bonds IN ia
vor of the county. 1t also sets forth the
issue of the "Keuhn bonds" 1t shows
and alleges the inferiority of the Jansen
bond and mortgage to mortgage thereaf-
ter to be issued by the railroad company
for sum not to exceed $4,000 per mile
of the whole length of the road. 1t also
sets forth the Schuyler mortgage and bond
issued under it. 1t admits the delivery Of
the mortgage to Schuyler but denies that
any bonds were ever negotiated under it.
1t alleges that Keep fraudulently got pos
session of $4,000 of these bonds, but
prays that they may be delivered up to be
cancelled; that at the time of executing
the Jansen mortgage, it was understood
by all the parties that the company should
have full power to create debt which
should be superior lien to the bonds Sc
,, cured thereby. The railroad being 30
miles in length, and the debt having pref
erence, amounting to $320,000, and that
the trust deed to Jansen and the debt
thereby secured is subject to the mort
gage executed to the other plaintiffs Comyn
& Martin, and the debt thereby intended
:. to be secured and that the Comyn & Mar
tin mortgage ought to have preference and
priority over the Jansen mortgage, and oil
E liens on the Mineral Point railroad.
/, The bin of Comyn & Martin asked for
{ such relief as should be agreeable to equity
7 and good conscience.
: The subpoena or process requiring ap
/ pearance, called in the code a summons
t was served on Samuel D. Hastings, treas
e urer of the state of Wisconsin, by deliver
y ing to him personally copy ofthe subpoena
+ on the 18th of April, 1859 as appears by
the narshal's return. 1t was also served
e on John NJ Keep. It was not served or
o Geo. L. Schuyler, nor did he appear in tht
d suit, nor was there any proceedings by
). publication, or otherwise to bring him in
) to court. On the 18th of April, 1859, tht
t Mineral Point railroad company caused it,
: appearance to be entered, but the company
If made no answer. 1t is not necessary t.
speak of the defendant Mcfarland, nor 0
d the service upon or appearance or non-ap
:. pearance of any of the defendants excep
). Samuel D. Hastings, the state treasurer
! the Mineral Point railroad company, ant
d George L. Schuyler, the latter at the tim'
e and since the commencement of the Mar
e tin & Conyn suit residing in the state o
: New York. and never having resided in tn,
3 state of Wisconsin Mr. Hastings, soor
$ after the service by letter notified tn,
f Board of Supervisors of the county o
/ Iowa of the action and that the board nigh
n use his name in defending the suit if the,
5 thought proper. On the 18Th of February
: 1861 at a regular term of the district cour
!. of the United States. his honor, Judge A
= G. Miller presiding, ''it was by the sal,
+ court ordered and decreed that said bill o
; complaint be and the same was thereb,
Il taken as confessed as to the defendants