Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-01-29
New Advertisements.


unable to pay its debts that the plaintiffs.
Quincy, Motley and Kennard. as Trustees. are
the owners and holders OfbetHeen i've and six
millions Of dollars o. the bonds secured By said
sectional and branch line Mortgages, and that
the warrants for the interest thereon, hereto
fore matured, have been duly presented for
payment. and no part thereof has been paid
Ehat said Atlantic and treat W estern Railway
Company has no means with which 70 pay the
| lnterestdue OF To become due on any of said
I bords. and that the property Of said Company
IS insufficient security for the payment even Of
! said consolidated bonds. That the business and
I profit and prospects Of said Railway. depend
} upon its being kept together, and operated as an
entirety. That plaintiff Coleman. has applied
TO his co-plaintifs TO unite with him in bring
ing this action for the enforcement Of said con-
sOlidated mortgage and for the appointment Of
q receiver therc1uder. and also made the same
application to the said Trustee, Penn, and offered
70 indemnify him therefor. bot he refused so to
do; that said Penn IS aman of no property. and
the plaintiffs are unwilling that ne should pro-
coed alone, 70 enforce said Mortgage that no
other suit or action has been commenced to en-
force either Of the said Mortgages.
The prayer Of said petition is. that a receiver
may be appointed Of all the property. real and
personal, rights. privileges and franchises en-
braced in said Mortgage. to the defendau Penn,
or intendeds 50 to be. with the usual powers and
duties Of receivers in such cases, and with such
special powers for the custody, preservation,
maintenance and continued operation of said
Railways and MOrtsagcd premises as to the
Court may seem proper; that said consolidated
Company may be ordered TO deliver the same
to the receiver, and TO execute all deeds assign
ments and transfers that may be necessary 10
vest the same in him as receiver; that an ae-
count may be taken of the bonds issued by said
consolidated Company. secured by said Mort
gage. to- aid Penn,as Trustee, and Ofth amount
Of principal and interest due thereon. and that
the nameso Of said owners or dOlders ofsaid bonds
o. Of the warrants for interest thereon. NAV be
a~scertained: that the said defendant, the At
lantie and Great Western Railway Company.
consolidated, may be ordered and directed to
pay the PLAINTIFF, and the owners. and holders
OF such bonds or interest warrants, or either
OF them. the principal sum Of mOney due them
respectively, from said Company thereon. to-
gether with all arrearages Of interest now due.
or that hereafter may become due, aud payable
thereon, toseeher with costs and charges Of the
plaintiffs IN that behalf sustained that il may be
declared By the Court, that the income and
profits Of the said Railways and Mortgaged
premises and property. after the N Of
the costs and expenses OF retaining and main
tanning. and operating thesaid RailWays, and Of
such ~receivershiD, and ofthese proceedings, BE-
applied to the payment Of the interest on the
bonds secured By the said divisional Mortra-es
outstanding. and then to the payment Of the
interest upon the bonds secured By the said con-
s0hdated COmpanys Mortgage 20 the defendant.
Penn that the detendantss and each Of them
except only the Trustees Of the said several
sectional and branch line Mortgages herein
Aforesaid, and said Penn-aad all persons claim
ing By, from. or under them. OF either Of them
teXcept By or under such Trustees, or any of
them) may be barred and foreclosed Of an rights.
claims, lien, and equity Of redemption in said
MOrtgaged premises. and that a decree for the
sale Of the same-suGect. nevertheless, to the
prior lien and claim Of the said several see
uonal Mortgages as to the sections Of such Rail-
ways respectively. as to which the same are
prior hens-may be made; that said Railway Of
the Atlantic and Great Western Railway Com
panys consolidated, together with all its prop
ertys real and personal. in its said MOrtgaze
described. as Mortgaged. or intended 10 be,
may be sold under the order and direction Of
the Court. and the proceeds thereof. applied to
the payment Of the costs and expenses Of the
action. and Of the receiyership, and then to the
interest remaining unpaid on the said division
al bonds. and then to the said bonds Of said
consolidated Company: that the defendants.
and each OF them, may be adjudged to abide By
and perform the order and judgment of this
Court n and about the premises; and that the
plaintiffs may have such further or other re-
lief as 70 this Court shall seem meet. and lust,
and equitable.
The said Azsriah C.. Flag. and Frederic G..
Schucnardt, Trustees as aforesaid. and the said
John X. Penn. Trustee as Aforesaid, are recui-
rcd 70 answer said petition on OF before the 2lst
day Of March. 1858,
SAMUEL GURNEY.
JOHN p. kENNARD, HTrusteez
Z CHARLES MOZLEY.l
Z james +. Coleman. official Liauidator
Of the Bank Of London. By Clarkson N. Potter.
their Agent and Counsel.
Jan. ~, 1868 -6w.