Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-12
NOTICE

nj O1lOE-
IN Azariah C. Flagg. and Frederic G. Schu-
ehardt Trustees Of the first Mortgage of the At
lantic and Great Western Rail Road Company,
and John \. Penn. Trustee Of the Mortgage Of
The Atlantic ana Great Western Railway Com
pany (eonsOlidatedD. Of the City Of New York,
that Samuel Gurney. JchH P. Kennard. and
Charles Mozley, Trustees. and James 3 Cole
man. c1ciat Liquidator OF the Bank Of LlQndon,
I'D On the 2sth day Of Asssh a. d. lssI; fls
within and for the County Of Trumbuil, IN the
State of Ohio, against The Atlantic and Great
Western Railway Company, tconsolidatedl
Of The Atlantic and 6rJ1f Western Rail Road
Company, in New York, and the said Samu el
Marsh, as Trustee Of tie second Mertg1ge Of
as Trustee Of the first HortgaEe Of The Allan
&c and Great Western Rail Ros6 Company of
Pennsylvania; and the said AEsFiah- O. FlagE,
as IrEstse Of the second Ao5tsage Of the last
tee Of the Mortgage Of the Eastern Coal Fields
Branch and Axtension Of the last named Cor
poration; Azsriah G. Flage,. and Frederic G.
of The Atlantic and Great Western Railroad
Company and William II. UFson. as Trustes
Of the second Mortgage Of the last named Cor
ofthe mortgage Of the Silver Greek Branch Of
said last named Corporation; and Alexander
MeAndrew as Trustee Of the Asrtgage Of the
Buffalo Extensioa Of The Atlantic and Great
II
tee ofthe Mortgage Of The Atlantic and Great
Western Railway Company (consolidated), set
ting forth. among other things. IN substance,
that pursuant to certain acts Of the State Of
New ork. Pennsylvania. and Ohio, a consoli-
dRtion into one oorporatson. Of The Atlantic
and Great Western Rail Road Company in New
York. the Buffalo Extension of The Atlantic
and Great Westarn- Railway Company. The
Atlantic and Great Western Rail Road Compa-
ny Of Pennsylyania, and The Atlantic and I
Great Western Rail Road Company, was duly |
sfested in October. A. D.. 1865. Said new Cor
poration being The Atlantic and Great Western |
Railway Company lconsolidated). That by the |
Acts of Incorporation aud consolidation, il was /
provided that on such consolidation all the i
property, and chooses in action of each OF said i
should be transferred to, and vest
d IN. and should be the property of such new /
Corporation. That prior to the formation Of
iach consolidated Company. there existed GER /
kin prior Mortgages made by the Companies Il
which were thus consolidated, and which Mort
way of such consolidated Company. That of
these Mortgages. the said, the Blu HalO Exten- /
non of The Atlantic and Great Western Rail-i
.sY og@sa9y haa sIseasssa Maortssse upon
Andrews. TO secure an issue of bonds to tn ex-
tent Of two millions Of dollars; and the said 1
The Aflantie and Great Western Ran Road |
Company. In New York, had executed two /
MortgaGes Of its Railway and appurtenanoes,
10 the defendant. Samuel Marsh. as Tru stee, /
lhe first 70 secure an issne Of bonds to the-ex-
tent IN all OF one RllilOQ OF QOllarEs IN sec
Ond to secure further issue of bonds to the /
extent Of eight hundred thousand dollars That /
the said, Ihe Atlantic and Great Western Rail-
way Company Of Pennsylvania, had also exc
,uted two Mortgages upon its Railway and /
sppendages. to the defendant, Azariah Q. klagg, /
As Trustee, the frst to secure an issue Of bonds,
10 the exten. Of two millions five hundred |
thousand dollars, and the second to secure an
ssue of bonds, TO the extent of one million Of /
dollars, and had also executed Mortgage upon
l. branch Of is said road in Pennsylvania, /
zneHn as the Eastern Coal Field Branch, and /
Extension {or Franklin Branchl. to the defend /
ssue OF bonds to the extent of five hundred and 1
.Eenty- eight thousand dollars, and that thu
aid, The Atlantic and Great Western Rail
Road Company. (5eing the Ohio Cerporstion)I
I'D slso executed two Mortgages UPON its Rail
Road and appendages, the first TO the defend
snts Azariah @. Elagg, and TO Charles j. Sted-
nan, lQw deceased as Trustee. TO secure IA is
.ue Of bonds to the extent Of four millions of
iollars, and the second 10 the defendants. Viii
lam II. Upson, as Trustee. to secure further Is /
le Of bonds 70 the extent Of four millions Of dol
arss and had also executed q Mortgage Epon
Is branch line in the state of Ohio. known as
he Silver Creek Coal Branch. to the said Upson,
: Trustee. to secure al issue Of bonds 10 the
,Kfeut of three hundred thousand dollars, all /
Corporation. upon saeh consolidation, by yir-
ne Of the said acts Of consolidation, attached
.. and became the debts and obligations Of said
consolidated Company. as fully Is If the same i
lad been contracted By it. that there also ex-
stsd Mortgage to the said defendant Flags.
= Trustee, made BY 3 certain corporation.
toad Company. which was q lien on q portion /
4 the line Of said Company in New York, to 7
ecure bonds 10 the extent of fourteen thOus-
nd dollars; that the said defendant, Frederic
I. Schuohafdt, has been substituted as Trustee /
{ the said first Mortgzge of said Ohio Compa- i
any. in the stead and place of the said Sted-
lan, deceased that on the fffh day Of October,
SIS, The Atlantic and Great Western Railway /
D the said John &. Penn. as Trustee. a Mort
age Of all the estate and property, real I
ersonai, and mixed and all fixtures, rights, /
riTileges, franchises, easements. rights. under /
Eases, terms and parts Of terms, agreements,
ovenants and contracts. Of all and every kind
cid and owned. or occupied by the said The
Luantic and Great Western Railway Company
,onsohdatedl and more particularly described
a said petition; which said Mortgage was
lade 10 secure the payment Of sixty Thousands |
onds made By said last named Company, all
ated the first day Of October, 1866, each Of
rhieh bonds purPorted that the said, The
.tlantic and Great Western R&ilway Company
.onsolidated). ACKNOWLEDGED itselfto be tndebt-
ID to the holder thereof, IN the sum Of I'VE hun,
tates Of America. which 4 promised to pay 70
aeh holder In legal tender coin of the said l
.nited States, Of the Chen and stilD present
rs money Of the KINGDOM Of Great Britain /,
nd Ireland), at the rate Of four shillings to the
oIlar, at the once Of the Company, in the city
New York, on the ffteenth day Of Oete Der,
!. D.. 1880, with interest thereon, payable in
Ike coin or sterling. at the rate Of seven dollars
u every one hundred dollars by tn year. paya-
le quarter-yearly, on the fifteenth days Of Jsnu-
~. April. J uly, and October. in each year, st
be offce Of said Company, m the city of New
lork. aforesaid, OF az its agency IN the city Of
iondon, on the presentation and delivery OF
ertain warrants provided for the payment o.
be interest on said bonds, lone Tor each install
aent of the interest to acerue) called eouDonss
rinted on the same paper. with The said bonds.
nd being part thereof That it was determin-
d by the said consolidated Company, and duly
oppressed In the said bonds and Mortgage'
hat such bonds we're intended 70 be ex-
hanged, and should be excnangeabie Tor, and
lsedl IN retiring. any Of the bonds secured BY
aid sectional land branch Hnel Mortgages then
nd by the said Mortgage. and the said bond of
ueh consolidated Company. il was provided
hat the said Railway of the said oODsolidat ed
company was, as TO the part thereof in New
Ork. subject to the then existing lien Of said
Mortgage TO said defendants. Marsh. and Nc
Andrews and as TO the part thereof IN Penn :
y1vania, subject to the then existing Lien ofSzid
1ortgeges Of said PennEylvaniA Company 70
ne descendants, klegg, and said. Dick (; and as
0 the part thereof in Ohio, subject 70 the lien
neu existing Of said Mortgages Of said Ohio
company 70 the defendants. flagg. and Qpson;
nat Eald Mortgage was duly recorded in the &.
eTeTal Conn6es Of the States Of New York, f,
'ennky Tania and Ohio, through or into which
he SAID Railway runs, or in which the said /,
I I 9. q tsssse ptoPelI! ana premises are situated
hat alter the execution Of said MoFtgage said /
atlantic and Great W estern Railway Company
set apart q portion Of its said ,
'onds. 70 the amount Of sixteen million one ;
,onds we're deposited in the hands Of John :
4OOdErd and BENJAMIN Moran, in the city Of
london. ENGLAND, for the sole purpose Of being :
dollar Tor dollar. Tor said sectional
,onds. That at the time of the execution of
aid consolidated Mortgage, the amount OF said :
ectlOna al bonds Outstanding was somewhat less