Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-01-19
CTATE OF VERMONT. - BUT
~ LAND. SIS.
In Chancery.

rs Rutland County,
JAMES CHEEvER ct azs.) Sd October, 1870.
Whereas, Henry E. Stoughton, of the city,
cour ty and State of New York, has filed his bill
in chancery against James Cheever, William L.
Hart, John s. Farlow, Dwight Foster, George U.
Lord, Jacob Edwards, Joseph M. 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-
tablished 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, YER
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,
and said bonds were disposed of to various par
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
mortgage, said company executed a second mort
gage on said road and property, and early as
1854 said road and property passed into the pos
session of said trustees of said second mortgage
who declined on request to deliver the same to
said CheeYer and Hart trustees of said first mort
gage; and that said FarlOw, Foster, Edwards,
Wightman, Lord and Thomas were appointed a
committee from among said first bondhOlders to
aid said first trustees in the assertion Of their
rights by legal proceedings.
That suit commenced in favor of said
Cheever and Hart and others against said Rut-
land & Burlington Railroad and others, as early
as 1864, in said Rutland comfy, and in said suit
the said orator 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 were assigned
him as such attorney and counsel, and so cOntln-
ued to perform said duties for about five years,
and that for three or 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 aud die burse-
m ents, in said suit made by the orator as ore
said, u large amount has accrued to him and
which is still due and unpaid, and which the
defendants I deny Lthey are personally liza
Bile for 10 said orator, except for said disburse-
ments, and said defendants insist that said ora
tor was to look to sBoh fund as might ultimate
~ come TO said Cheever and Hart from said trust
property for his services as aforesaid, and that
said orators disbursements have been fully
paid. .,,.i4
tee or some of them, have paid said orator about
six thousand dollars, but Tor two thousand dol
Lara 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 sud bill, but that said notes
have not 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 said first mortgage has resulted in decree
in favor of said Cheever and Hart, trustees
dering the payment of said bonds or delivery OF
said mortgf &c property to said Cheever and Hart
trustees, for the benefit of said first bondholders
and, as said orator IS informed, an agreement
was entered into in May, 1870, between said
Cheever and Hart, trustees, and said committee
and BirChard and Page, second trustees, and
said Rutland Railroad Company, that said Biz
chard and Page and said Rutland Railroad Com
pany should pay to sail Cheeyer and Hart and
said committee for the benefit Of sald first bond
holders aud in satisfaction OF said decree, and
that said Birchard and Page aud Rutard Rail-
road Company did pay to said Cheever and
Hart, trustees, the sum of one hundred thousand
dollars to cover the expenses and dlsburse- ,ents
in said suit, including sal orators said bin, ac-
csrding to the terms of said egFeemept, and that
further sum was to be paid on or before Octo-
Der LIST, 1870, and the balance on said bonds was
to be paid ON or before April l, 1871
That after said one hundred thousand dollars
to cover expenses and disbursements was Maid
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 70 pay the same and
misappropriated 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 Birehard 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 Birchard
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 So restrained, will be paid
over to said CheeYer and Hart and said commit
tee, aud that there is now due to the orator for
i !
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 Railroaf Company may be directed by the
order and temporary Injunction of said Court to
hold, out of the funds they have in their hands
belor gug to said Cheever and Hart and said
committee, to be paid Oct. j, 1870, the sum of
fifteen thousand dollars to respond to any decree
which may be made to pay the balance due the
ora or, and that John b. Page be appointed re-
ceiver, and that said William T. Hart and John
S. Farlow, their agents, &c, be enioined from
parting with or collecting said notes they hold
against the orator.
The said Wiliam T. Hart, James Cheeyer
John S. Farlow, Dwight Foster, George G.. Lord
jacob dwards, Joseph M. Wightman and Will
liam Thomas, residing without this State, so that
subpoena cannot be served upon them; 1t is
ordered that they, the said defendants be re-
qured to appear on the first day of the next stat
ed term of said Court, te be holden at Rutland
WITHIN ana ior Ihe county OF Rutland aforesaid,
on the second Tuesday of March, A. D. 1871, then
and there to answer to said petition and f
that purpose the said petitioner shall cause n ba
published in the Rutland HERALD, r.r,,,oS &c oe
Rutland aforesaid, the substance of said netit;on
with this order three weeks suooaSS;,,aJ ~
last of which to be at Least twenty davs on
10 said term OF Court, which shall be deemed suf-
fcient notice,
Dated at Rutland aforesaid. this 10th day of
January, A. d. 1871.
HENRY Il, SMITH. Clark
Z. J. PHELPS, Solicitor for Orator
lanlSdI q N3w