Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-26
NOTICE

IN Asarish c. Flagg, and Frederic G. Schu-
chardt, Trustees of the first NJ ortgage Of the At
lantic and Great Western Rail Road Company.
and John r. Penn. Trustee Of the Mortgage Of
The Atlantic and Great W estern Railway Com
pany (consolidated. Of the City of New y York f,
in the State Of New York, are hereby notified,
Charles Motley, Trustees, and James 3. Cole
man. ofieial Liquidator Of the Bank of London,
did on the 18th day of March. A. D., 1861, file
their petition in the Court Of Common Pleas,
within and for the County Of Trumbun. in the
State of Ohio, against be Atlantic and Great
Western Railway Company, tconsolldated),
Samuel Marsh. as Trustee Of the trst Mortgage
of The Atlantic and Great Western Rail Road
Company. in New York. and the said Samuel
Marsh, as Trustee Of the second Mortgage of
said lastnamed Corporation; Azariah C. Flagg.
tic and Great Western Rail Road Company of
Pennsylvania; and the said Azariah @. Esgg.
as Trustee of the second Mortgage of the last
named Corporation: James K. Dick, as Trus-
tee of the Mortgage of the Eastern Coal Fields
Bransh and Extension Of the last named Cor
poratiOn; Azariah G.. Flags. and Frederic G.
SehuchaTdt, as trustees OF the hrst Moftgage
Of The Atlantic and Great Western Railroad
Company and William II. UFsOn. as Trustee
Of the second Mortgage of the last named Cor
poration; and said William II. Upson.s Trustee
ofthe mortgage Of the Silver Creek Branch Of
said last named Corporation and Alexander
McAndrew as Trustee of the Mortgage of the
Buffalo Extension of The Atlantic and Great
Western Railway Co., John r. Penn. as Trus-
w estern Railway Company tconsOlidRted), set
ting forth. among other things. in substance,
that pursuant to certain acts Of the State of
New ork. Pennsylvania. and Ohio, a cOns0li-
dation into one Corporation Of The Atlantic
and Great Western Rail Road Company in New
York. the Buffalo Extension Of The Atlantic
and Great Western Railway Company, The
Atlantic and Great Western Rail Road Compa-
ny of Pennsylvania. and The Atlantic and
Great Western Rail Road Company. was duly
efected in October. A. D.. 1865. Said new Cor
,orstior heiny The AtIqpti. oy,d fi-naf We
Railway Company lcons0lidatedl. Thai BY the
Acts Of Incorporation and consolidation, il was
provided th6t on such consolidation all the |
rights. privileges, franchises, real and personal
property, and chooses in action of each of said |
should be transferred to, and vest
ed in. and should be the property Of such new
That prior to the formation of
such consolidated Company, there existed GER
tain prior Mortgages m ade By the Companies |
which were thus consolidated, and v hich Mort |
cages were charges apon sections Of the Rail- |
way Of such consolidated Company. That of |
these Mortgages. the said, the Bu falo Exten-
sion of The Atlantic and Great Western Rail- |
its Railway to the defendant, Alexander Nc
Andrews. 10 secure an issue Of bonds to the ex- |
tent Of two millions Of dollars; and the said, |
The Atlantic aud Great Western Rail Road |
Company, IN New York. had executed two !
Mortgages Of its Railway and appurtenances, |
to the defendant, Samuel Marsh. as Trustee, |
the first 70 seeere an issue Of bonds to the ex |
tent, in al, Of one million Of dollars The sec
ond to secure q further issue Of bonds TO the
extent of sight hundred thousand dollars. That
the said, The Atlantic and Great Western Rail- |
way Company of RennsylTania, had also exc
cuted two Mortgages upon its Railway and
10 the defendant. AEariah c. flagg.
as Trustee. the first TO secure an issue of bonds.
to the extent Of two millions i've hundred
thousand dollars, snd the second TO secure an
issue Of bonds, to the extent Of one million of
dollars, and had also executed a Mortgage upon
a branch Of its said road IN Pennsylvania.
kneWn as the Eastern Coal Field Branch, and
E,,Fa or ftfrI Rranrhl the dafauH-
ant John r Dick as Trustee, TO secure an
issue Of bonds to the extent of i've hundred and
twenty eight thousand dollars. and that the
said. The Atlantic and Great Western Rail
Road Company, (being the Ohio CorporstiOD)
had also executed two Mortgages upon its Rail
Road and appendages. the first TO the defend
ant, AZariah g. flagg, and TO Charles J Sted- |
man, now deceased, as Trustee, to secure an IS
sue Of bonds 20 the extent Of four millions of |
dollars, and the second to the defendant. Will |
liam II. UpsOn ,as Trustee. 70 secure further is
ne of bonds to the extent Of four millions Of dol
lars; and had also executed Mortgage upon |
its branch line in the state of Ohio. known as
the Silver Creek Coal Branch. to the said Upson,
as Trustee. to secure an issue Of bonds to the |
extent Of three hundred thousand dollars, all |
Of which debt and liabilities Of said Sectional |
Corporation. upon such consolidation. by vir- |
tue Of the ssid acts Of consolidation, attach ed
to. and became the debts and obligations Of said
Compsr-, - fully as If the same |
had been contracted By il, that there also ex- /
listed a Mortgage TO the said defendant Flegg. |
IL
known as the Erie and New York City Rail |
Road Company, which was lien on q portion |
Of the line Of said Company in New York. to |
secure bonds TO the extent Of fourteen thous-
I'd dollars; that the said defendant, Frederic |
q. Schuchardt, has been substituted as Trustee |
Of the said first Mortgage of said Ohio Compa- |
pany, in the stead and place of the said Sted- |
nan, deceased that on the fffh day of October. |
1865, The Atlantic and Great VI estern Railway |
Company, (consOlidated) made and delivered /
o the said John K. Penn, as Trustee. Mort,
PERSONAL. and mixed and all fixtures. rights. 1
privileges, franchises, easements. rights. under /
eases. terms and parts Of terms, agreements, /
covenants and contracts of all and every kind /
held and Owned, or occupied BY the said, The 1
Atlantic and Great VI Western Railway Company |
ccasolidated( and more particularly described i
n said petition; which said Mortgage was
made TO secure the payment Of sixty thousands Il
sonds made by said last named Company. all /
lated the hrst day of October, 1865 each Of /
which bonds purPorted that the said. The /
eonsolidstedl. Acknowledged itselfto be indebt-
ed TO the holder thereof, in the sum offYe hun
ired dollars, lawful money Of the United /
states Of America, which t promised TO pay TO
neh holder IN legal tender coin of the said
United States. of the then and stilD present
t3ndard value. or in sterling (mea1ing stear-
ing money Of the kingdom of Great Britain
md lreland, Rt the rate Of four shillinRs to the
# New York. on the fifteenth day Of October.
D., 1880, with interest thereon, payable IN
ike coin or sterling. at the rate Of seven dollars
or eEery one hundred dollars by thesear. paya-
lie quarter early on the fifteenth days Of fJanu-
ITy, April. July, and October. in each year, 81
he ofhce Of said Company. IN the city OF New
ork. Aforesaid, or at its agency IN the city Of
london, on the presentation and delivery Of
certain warrants provided for the payment Of
he interest on said bonds, lone for each install
nent Of the inteTe TO aecrue) called coupons,
Jrlnteo on the same paper. with the SAID b0ndss
md being part thereof. That il was determin-
I'd by the said consolidated Company, and duly
expressed IN the said bonds and Mortgage.
hat such bonds were intended to be ex-
,hAnged. and should be exchangeable for. and
lsed In retiring, any of the bonds secured by
aid sectional tand branch Hne) Mortgages then
ssued, that might remain outstanding; that in
md by the said Mortgage. and the said bond Of
such consolidated Company, II was provided
hat the said Railway Of the said consolidat ed
company was, as to the part thereof IN New
! hork, subject to the then existing lien Of said
Mortgage to said defendants, Marsh. and Nc
Andrews and as 10 the part thereof in Penn
ylyania. subject to the then existing lien ofsaid
Mortgages Of said PennsylYania Company to
ne defendants, tlaEE. and said Dick T; and as
- tne part thereof IN Ohio. subject to the lien
men e1lstlng OF said Mortgages of said Ohio
company % the defendants, rlagg, and UpsOn; |
hat said Mortgage was duly recorded in the
.eVeral Counties Of the States of New York,
SennfylvanlR and Ohio, through or into which
ne SAID RAILWAY runs, or in which the said I
nortgaged property and premises are situated
nat alter the execution Of said Mortgage said
atlanue and Great eStern Railway COMPANY
eonsolldhted) set apart portion of its said
1onoss 70 the amount Of sixteen million one
hundred and forty-tWo thousand dollars which
PONDS were deposited in the hands of John
5oodard and Benjamin Moran, in the city of 2
london. England, for the sole purpose Of being I
Exchanged. dollar for dollar, for said sectional
,ouds. That at the time Of the exeonfion - /