Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-01-26
gegaI gntifes.
STATE OF VERMONT. - RUT-
~ LAND, IS.
HENRY E. sroUGHToN) In Chance

hS]NhA G' OAOCuh1C-N ! IN SnaL1cery;
JAMES CHEEvER C., aIs.) Sd October, $50.
Whereas, Henry E. Stoughton, of the city,
cou ty and State of New York, has filed his bill
in chancery against James Cheever, William T
Hart, John s. Farlow, Dwight Foster, George G
Lord. Jacob Edwards. Joseph NJ. Wightman and
William Thomas, all of Boston, in the common
wealth of Massachusetts,, and Edwin A. Orchard
and John B. Page of Rutland Vermont, and the
Rutland Railroad Company, body corporate es-
ia lshed by law and doing business in said State
of Vermont.
Setting forth, that railroad corporation was
chartered by the Legislature of Vermont in Octo =
Der, ls43, extending from Bellows Falls, Ver-
mont, by way of Rutland, to Burlington, Yer
mont, known as the Rutland & Burlington Rail-
road Company, and that said road, since 1850, has
been running and in full operation to the present
time
And further showing that the said Rutland &
Burlington Railroad Company, on or about the
month of February, 1851, issued their bonds to
the amount of eighteen hundred Thousand dollars,
and in order to secure the payment of said bonds
said company mortgaged their said road and
and property to Samuel Hooper and Franklin
Haven, trustees, in trust to secure said bonds,
ties, and ultimately said trust became vacant
from death and otherwise, and said Cheever and
Hart became the legal trustees of said mortgage
and still remain such.
That subsequent to the execution of said first
mort gage, said company executed a second mort
gage on said road and property, and as early as
1854 said road and property passed into the pos
session of eaid trustees Of said second mortgage,
who declined on request to deliver the same to
SAID Cheever and Hart, trustees of said first mort
gage; and that said Farlow, Foster, Edwards,
Wightman, Lord and Thomas were sppoiuted a
committee from among said first bOndholders to
aid said first trustees in the assertion of their
rights by legal proceedings.
That a suit was commenced in favor of said
Cheever and Hart and others against said Rut-
land Burlington Railroad and others, early
as 1864, In said Rutland comfy, and in said suit
the said orator was retained attorney, solicitor
and counsel for and in behalf of said first bond
holders by said Cheever and Hart and said COM
mittee and that said orator accepted said retain
er as such attorney and counsel, and entered upon
the performance of such duties as were assigned
HIM such attorney and counsel, and so contin-
ued to per orm said duties for about five years
and that for three four years of said litigation
nearly the whole of the orators time was occu-
pied by said duties, regardless of any other en-
gagements, and for which services and disburse-
ments, in said suit made by the orator 81 ore
said, large amount has accrued to him and
which is still due and unpaid, and which the
defendants deny ithey are personally liza
bic for o said orator, except for said oisburse-
ments, and said defendants insist that said ora
tor was to look to sHoh fund as might ultimate
ly come to said Cheever and Hart from said trust
pr operty for his services as aforesaid. and that
sad orators disbursements have been fully
paid.
That said Cheever and Hart aud said commit
tee, or some of them, have paid said orator about
six thousand dollars; but TOR two thousand dol
lars of said sum said Cheever and Hart hold said
orators notes under an assurance that ultimate
ly said notes should be applied in part payment
of said orators id bill, but that said notes
have rot been delivered to the orator, but are
still held by said CheeVer and Hart, or one OF
them.
That the said suit to enforce the securities MI
der eaid first mortgage has resulted in decree
in favor of said Cheeyer and Hart, trustees, or
dering the payment of said bonds or delivery of
said mortgS &c property to said Cheever and Hart.
trustees for the benefit of said first bondholders
and as said orator Is informed, agreement
ipfn in lS1n bptgppU said
Cheever and Hart, trustees, and said committee:
and BirChard and Page, second trustees, and
said Rutland abroad Company, that said Dir
chaId and Page and said Rutland ha1lroaa CON-
pany should pay TO sait Cheever and Hart and
said committee for the benefit OF said frat bond
holders and in satisfaction OF said decree, and
that said Birchard and Page aud RutlaGd kali
road Company did pay to said Cheever add
Hart, trustees, the sum of one hundred thousand
dollars to cover the expenses and dlsourse ments
in said suit, including es1 orators SAID hl, ac-
csrding to the terms of said agreement. and that
a further sum was to be paid on or before octo-
Der LIST 1870, and the balance on said bonds was
to be paid on OF before April |, 1871.
That after said one hundred thousand dollars
to cover expenses and disbursements was paid,
and while the same was in the hands of said
Cheever and Hart and said committee, the orator
presented his said bill and demanded payment
thereof of said Cheever and Hart and said COM
mittee, but they refused 10 pay the same ano
nisappropriated the money.
That said Cheever and Hart and said committee
have an equitable lien upon the money paid and
to be paid as aforesaid by said BEchard and Page
and said Company, and are in equity bound to
pay and discharge the orators bill for services In
said suit out OF the same, and that said Orchard
and Page and said Company now have in their
hands more than three hundred thousand dollars
belonging to said Cheever and Hart and said
committee, which, uni 80 restrained, will be paid
over to said Cheever and Hart and said commit
tee, and that there is now due to the orator for
his aforesaid services twelve Thousand dollars and
large arrear OF interest thereon, which said ora
tor is justly entitled to receive out of said trust
fund.
And praying that said Birchard and Page and
said Railroa Company may be directed by the
order and temporary injunction of said Court to
hold, out of the funds they have in their hands
belonging to said Cheever and Hart and said
committee. to be paid Oct. !, 1870, the sum of
fifteen thousand dollars to respond to any decree
orator, and that John 5. Page be appointed re-
ceiver, and that said William I. Hart aud John
S. Farlow, their agents, &c, be eDjoined from
parting with or collecting said notes they hold
against the orator.
The said william T. Hart, James Cheeyer
John s. Farlow, Dwight Foster, George G. Lord
jacob Edwards, Joseph NJ. Wightman and Viii
liam Thomas, residing without this State SO that
a subpoena cannot be served upon them; 1t is
ordered that they, the said defendants. be re-
CURED to appear on the first day of the next stat
ed term OF said Court, to be holden at Rutland
within and for the county of kutiand aforesaid,
on the second Tuesday Of March, A. D. 1871, then
and there to answer to said petition; and for
that purpose the said petitioner shai cause to be
published In the Rutland HERALD, printed at
Rutland aforesaid, the substance of said petition
with this order three weeks successfully, the
last OF which to be at least twenty days previous
TO said term Of Court, which shall be deemed suf-
fcient notice.
Dated at Rutland aforesaid. this 10th day OF
January, A. d. 1871.
HENRY 81. SMITH, Clerk.
E. J. PHELPS, Solicitor for Orator.
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