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

accordingly referred by the court to Ed
ward Kurtz, master in chancery, and
on the 18th of February, 1861, the master
made his computation, and fled his report
and on the same day the final decree Of
sale and foreclosure was made ana enrolled
in the United States district court. The
decree sets forth the title Of the cause, and
recites that the bill of complaint was taken
as confessed against the defendants, the
Mineral Point railroad company, Samuel
d. Hastings, treasurer of the state of Wis
consin, and John M. Keep; that the re-
port of the master wherein the sum of
$45l 200 appears to be due to the COM
plainant for principal and interest, be land
is hereby confirmed" 1t orders all the
mortgaged premises described in the bill
Of complaint to be sold at public auction,
and the money arising from such sale, or
so much as might be necessary to be paid
over to the complainants to satisfy their
their debt and costs, unless the Mineral
Point railroad company should pay such
debt and costs before such sale. The de
cree requires the sale to be made at
public auction at the post Office in the city
of Milwaukee, gives direction to the mar
shal as to the proper notices and day OF
sale, and directs him to make deed to
the purchaser on the confirmation of his
report of the sale, and to bring the pro-
ceeds thereof into court, to adide its fur
ther order; that if the mortgaged premises
were purchased by any one in trust, for
the holders of the Comyn & Martin bonds
that such trustee purchaser might pay his
locc ha So Of s1 I,
cree.
The clause divesting the mortgagor, the
Mineral Point railroad company, and touch
ing other parties to the suit, reads as fol-
lows: "sAnd it is further ordered adjudged
and decreed that the defendants, the Min
eral Point railroad company, Samuel D..
Hastings Treasurer of the State of Wiscon-
sin, and John M Keep, and all persons
claiming or to claim from or under them
or either of them, since the commencement
of this cause, be forever barred and fore
closed of and from all equity or equities of
redemption or claim of in and to said pre-
misses SO mortgaged property franchises,
&C., &C." No appeal was ever taken from
the decree by any party.
In the subpoena served on S. D. Hast
lngs there is no reference to his fiduciary
character "as trustee 70. the use and bene-
fit of the holders of the bonds of the Min
eral Point railroad company, and secured
by the mortgage to Edward Ell. Jan SEM
but the defendant S. D. Hastings, is de-
scribed in the subpoena as IS. d. Hastings
treasurer of the State of Wisconsin" His
fiduciary character is fully set fourth in
the bill of complaint. M
The mortgaged premises, that is the
Mineral Point railroad, and all appurtenan-
ces and fixtures thereto belonging, as de-
scribed in the bill of complaint of Comyn
&c Martin, were sold by the Marshal in pur-
auance of said decree on the 9th November
1861, and James G Carter became the pur-
chaser for the sum of SIS, 900. The Mar
shall duly executed his deed, conveying
the railroad and appurtenances to Carter
the purchaser, and the deed is duly ac-
knowledged, and recorded in the office OF
the Secretary of State, and in the office Of
Register of Deeds for the county of Iowa.
James c. Carter the purchaser at the mar
shal's sale,and grantee in the Marshal's deed
by deed of conveyance, duly acknowledged
and recorded as required by law, transfer
ed, sold, and conveyed to Asahel Finch
Samuel P. Holmes, Luther Beecher, Henry
Koop, and Geo. w. Cobb and their heirs
and assigns an undivided 81, 900 part
of the railroad and appurteEances Of
which he said Carter became seized and
possessed by virtue of the marshal's sale
and conveyance to him the said Carter
This conveyance by Carter to Finch,
ILL., II
them in conjunction with said Carter, to
form new association or company under
| general law, which is found in the ses-
sion laws of 1866, page 2l3, also in the
present revised statutes chap. 70, section
33. On the 18th of November, 1861, the
said Carter. Finch, Holmes, Beecher, Koor
and Cobb did enter into written articles oi
| association in conformity with said law
and organized new corporation called the
Mineral Point railroad. The articles of as
socation are recorded as required by stat
ute, in the office of the Secretary of State
| The record bears date the 18th of Noyem
| Der, 1861.
On the same day Carter conveyed to tht
new organization, 1.-The Mineral Point rail
road" all his right. title and interest II
and to said road, its appurtenances ant
fixtures, which final conveyance is drl,
recorded. The new corporation went intt
immediate and exclusive possession of tn,
entire road and all its rolling stock ant
fixtures and appurtenahces of every de
scription, and has been in the exclusiv,
use and possession of the Same ever since
The road was put inrunniug order in 1885,
and neither the sale Of the county, no
Schuyler, nor the Martin & Comyn bond
| produced more than a fraction of wha
some person or persons must have advanced
to purchase materials, pay for the labor
equip the road with rolling stock and pu
it in rnnning order. 1t was sold for SIS,
/ 600, and there is no evidence to show tina
the railroad, as labor performing ma
chine, was worth more than that. 1t
materials were worth more, bat the compa
ny could not disiEtegrate it and sell it
debris without legislative consent.
On the Sd day of September, 1865, th
4 board of supervisors of Iowa county com
menced this action against the Minera
| Point railroad company, VIM. E. Smith
treasurer ofthe state of Wisconsin, Georg
L. Schuyler, David r. Martin, Lucien D
Conan, James c. Carter, Ashael Finch
Samuel P Holmes, Henry Koop, Georg
w. Cobb, Luther Beecher and the Minera
Point railroad. This action was commence
in the Iowa county circuit court, the pur
pose of which is to subject the railroad an
: its appurtenances to foreclosure sale un
der the Jansen mortgage, the county bein
the owner of the $50 bonds issued by th