Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-05
NOTICE

IN Azariah c. Flagg. and Frederic G.. Schu-
chardt, Trustees Of the first Mortgage Of the At
lantic and Great Western Rail Road Company.
and John r. Penn. Trustee Of the Mortgage OF
The Atlantic and Great Western Railway Com
pany (consoldated), of the City Of New York,
in the State of New York. are hereby notified,
that Samuel Quincy, John F. kenn3Td; and
man. official 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 Trumbull. in the
State Of Ohio, against The Atlantic and Great
Western Railway Company. (c~onsolidatedl
Samuel Marsh. as Trustee Of the first Mortgage
Of The Atlantic and Great Western Rail Road
Marsh, as Trustee of the second Mortgage Of
said lastnamed Corporation; Azariah C. flagg,
as Trustee Of the first MORTGAGE Of The Allan,
tic and Great Western Rail Road Company Of
Pennsylvania; and the said AEariah G. klagg,
as TrEstee Of the second Mortgage Of the last
named Corporation ; James X. Dick as Irus-
tee Of the Mortgage Of the Eastern Coal Fields
Bransh and Extension Of the last named Cor
pOration; AZariah G.. Flag, and Frederic G..
Schuchardt. as Trustees Of the first Mortgage
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 H.. UpsOn,as 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-
g. Oh u Auu hLE1N
western Railway Company (consoTidatedJ, set
ting forth. among other things. in substance,
that pursuant to certain acts Of the State Of
New York. Pennsylvania. and Ohio, 4 cOusoll-
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 W estern Kali Road Compa-
ny Of Pennsylvania, and The Atlantic and
Crest Western Rail Road Company. was duly
effected in October. A D.. 1868. Said new Cor
-.-.4,,- k.s-- Thn A kTonFa. aul ErraF Wa14.rr
Railway Company lconsolidatedl. That By the
Acts of incorporation and consolidation, 1t was
provided that on such consolidation all the
rights. privileges. franchises. real and personal
property, and chooses in action Of each of said
corporations should be transferred to, and vest
ed in, and should be the property Of such new
Corporation. That prior to the formation Of
such consolidated Company, there existed GER
tain prior Mortgages made By the Companies
which were thus consolidated, and which Mort
cages were charges upon sections Of the Rail-
way of such consolidated Company. That Of
these Mortgages. the said. the Blu alo Bxten-
sion Of The Atlantic and Great Western Rail-
way Company, had executed 4 Mortgage upon
its Railway TO the defendant. Alexander Nc
Andrews. to secure an issue Of bonds 70 the ex-
tent of two millions of dollars; and the said,
The Atlantic and Great estern Rail Road
Company. in New York, had executed two
MORTGAGES Of its Railway and appurteuanees,
to the defendant, Samuel Marsh. as Tru stee,
the first to secure an issue Of bonds to the eX-
tent. in all. of one million Of dollars. Tn Q sec
ond to secure a further issue Of bonds TO the
extent Of eight hundred thousand dollars. That
the said, The Atlantic and Great Western Rail-
way Company Of Pennsylvania, had also exc
euted two Mortgages upon its Railway and
appendages. to the defendant, Azariah G. flagg.
as Trustee. the FIRST 20 secure a issue Of bonds,
10 the extent of two millions i've hundred
thousand dollars. and 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.
known as the Eastern Coal Field Branch. and
Extension Tor Franklin Branehl. to the defend
ant John K. 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 Compensatory
had also executed two Mortgages upon its Rail
Road and a~ppendages. the first 70 the defend
ant, AZariah @. Flag. and 10 Charles j. Sted-
man, now deceased, as Trustee. 20 secure al is
sue Of bonds 10 the extent Of four millions Of
dollars. and the second to the defendant, Will
liam u. Epson as Trustee.t to secure a further is
ue Of bonds to the extent offour millions Of
lars and had also executed a Mortgage upon
its branch line in the state of Ohio, known as
the Silver Creek Coal Branch. to the said Epson.
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 viz
tue Of the said acts of consolidation, attached
to. and becamethe debts and obligations Of said
consolidated Company, as fully a. if the same
had been contracted By 1t, that there also ex-
a Mortgage to the said defendant Flag,
as Trustee. made by q certain corporation,
known as The Erie and New York City Rail
Road Company. which was a lien on q portion
of the line Of said Company IN New YORK, to
secure bonds to the extent Of fourteen thous-
dollars; that the said defendant. Frederic
g. Schuehardt. has been substituted as Trustee
pany. in the stead and place Of the said Sted-
man, deceased that on the nth day Of october.
1865. The Atlantic and Great Western Railway
(cOnsolidated) made and delivered
- H. al Inh. 70 Dann a. HwuahQn n MArf /
gage of all the estate and property. real
and mixed and all fixtures, rights,
franchises. easements. rights under
leases, terms and parts Of terms. agreements,
held and owned. or occupied By the said, The
Atlantic and Great Western Railway Company
consolidated and more particularly described
said petition; which said Mortgage was
made TO secure the payment OfANty thousands
bonds lad by said last named Company, all
Hated the first day OF October, 1885, each Of
Atlantic and Great Western Railway Company
eonsoiidated), acknowledged itselftO be indebt-
ed to the ho!derthereOf. in the sum ofhYe hun
ired dollars, lawful money Of the United
states of America, which Il promised 10 pay to
Iueh holder in legal tender coin Of the said
United States. of the tthen and SLID present
value. OF in sterling (meaning stear-
ing money Of the kingdom Of Great Britain
md Ireland. At the rate of four shillings tothe
iOllar. at the Office Of the Company. in the
# New York, on the fifteenth day Of Oetobsf.
A. Oss low WIN INTEREST AtIGNlH NA1agAl IL
ike coin or sterling. at the rate Of seYendOllars
or every one hundred dollars DO the year. Paya-
de quarter-yearly on the hiteenth days Of Janu-
April, July, and October, in each year, At
he office Of said Compa1Edn the city OF New
FORK, Aforesaid, or at its agency. IN the city OF
on the presentation and delivery OF
certain warrants provided for the payment OF
he interest on said bonds. tone for each install
nent Of the interest 70 aeerue) called coupons.
printed on the same paper. with the said bonds,
nd being part thereof That 1t was determin-
ID by the said consolidated Company, and duly
expressed in the said bonds and Mortgage
such bonds were intended TO be ex-
and should be exehangeable for, and
IN retiring. any Of the bonds secured, by
sectional land branch line)M Mortgages then
ssued. that might emain outstanding; thai IN
by the said Mortsage. and the said bond Of
UGH consolidated Company. il was provided
the said Railway Of the said eonsoldated
Company was. as to the part thereof in New
FORK, subject 70 the then existing lien Of said
to said defendants. Marsh, and Nc
Andrews and as to the part thereof IN Penn,
ylvania, subject TO the then existing lien ofsald
Of said Pennsylvania Company TO
he defendants, Flagg. and said Dick and as
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