Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-07-22
gega1 Notifes.
STATE OF VERMONT, Rutland, S

RENSSELAER, SARoToGA RAIL
ROAD COMPANY,
DANIEL g. MILLER and "a May, 1869.
SHEPARD KNAPP.
Whereas the Rensselaer, & Saratoga Railroad
Company, q body corporate under the laws OF the
State of New York, having its princi pal place OF
business at Troy, in the State of New York
aforesaid, have filed their Bill in Chancsry
against Daniel S. Miller and Shepard Knapp,
both of the City. County and State OF New York: :
SETTING FoRTH, That many years since a body
corporate was created by an act of the Legisla-
ture of the State of Vermont by the name OF the
Rutland and Washington Railroad Company,
and under It's charter built, and for some time
operated line of railway from Rutland, IN the
state OF Vermont, through the towns of Rutland,
Ira, Castleton Poultney, Granville, Pawiet and
Rupert, and so to Salem, In the State OF New
York that subsequently and prior to the pro-
ceedings hereinafter mentioned, said Company
executed mortgage deed of said road In the
State of Vermont, to Daniel ). Miller and eh.p-
ard Knapp, aforesaid, trustees to secure the
payment of two hundred and fifty bonds, 80
called. of said company, for the sum OF one thou
sand dollars each and interest, to SUCH peri Ohs
as should become holders OF the same ana that
under said mortgage two hundred and twenty
live of such bonds and upwards, were issued by
said company, and taken, held and transferred
by various persons.
And afteru ards and prior to the proceedings
hereinafter mentioned said company executed
another mortgage OF said road and other property
10 certain trustees 70 secure the payment of GER
tain other Indebtedness of said company, and the
Trustees under said last named mortgage took,
and held possession of sal roai and operated the
same until the events hereinafter mentioned.
And further showing that default being made
in respect to said tir~t mortgage, the parties in
interest, or some of them, Hereunder instituted
n suit in the Court of Chancery, IN the county OF
Rutland, aforesaid, in the name OF said Miller
and Knapp Trustees TO foreclose said first
mortgage for the benefit OF the Dondhoiders
hereunder, and that on the I'D day of April a.
D. 1863 SAID Court finally ordered and decreed
2 IL thg SotI mr. fhp nf hprd
PENDANTS in said action should pay the sum then
ascertaiDed TO be due upon such bonds, with in
terest and costs, or before the Sth day of June
A. ID. 1868, said company and the other defend
ants in said cause, and all persons claiming
der them, should be forever torecosed OF all equi
ty of redemption arising under said mortgage.
And further showing that said day OF pay ment
passed without any payment being made under
SAID decree, and that said foreclosure OF said
equity of redemption became thereupon com
plete
Ard further showing that on the 22d day of
November, \. ID. lSGG, Jacob Sleeper, Josiah
Bardwe |, Thomas W. Pierce, Andrew Pi,rca, Jr
aud Peter Butler, an Of the State OF Massachu-
sets, and George L. Edmunds, Thomas Ii. Cam
field and Lcmue b. Platt, OF the state Of Yer
mont, beng then the owners and holders of a
majority il number and am Dunt OF al y r bonds
under said mortgage formed a corporation
called the Salem and Rutland Railroad Comp any
10y articles OF ASSOCIATION of that date, duly
cutcd by said last named parties and recorded in
the Office the Secretary OF State Of the state OF
'''iA'oh't "a - 'H1 "a itS'' 4Abti. n ~
1906, and also in the County Cerh's Offices in
Rutland and Bennington counties. wherein sand
road Il located, ana ''.e tNtInnatltus and ceitl-
hcatcs were utGg, no les published, u,ths taken
and bonds Surrendered a'i a. provided ty lax,
copy ot which articles o. association j. appended
to said bill.
And further showing hat in tn. year 100 un-
der certain RADICAL proceedings in the Stt'e OF
New York. he Trustees under said mortgage
steo' ciV abrY" referred 20, han surrendered the
possession of sail road with IL aRperteuauurs
and trns properly TO the Ir y, Salem & Rutland
bfir"9a HiHtnN, body corporate under the
law II lie e1tft. of New Work and which claimed
70 be- emit 81 thereto by conveyance from he
purchaser .aaleot Hu4,r tEs Proceedings last
aforesaid.
And ttrtker showing that "n or ahaut the 18TH
day pt j uue \. -. iNbt. The SAID FRY Salt IN and
Rutland tsi3r,,d e. ru..tu, by : f,xf,iI DID at
inGlnturp al tbIt date. txscrltII by and h.tI-,u
ir and thu ~ar.tog. and NbIt.h4u Rsilro,j
C6mp,ny. at IN. Sr,t. of Nv York and IA
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