New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-06
TAKE NOTICE
That Charles Morgan Exhibited his
Bill in Equity

That Charles Morgan Exhibited his
Bill in Equity
In the Circuit Court of the United States for the
District of Lou sana on the thlrtletn Day OF ii ~
1873 in certain suit entitled Charles Morgan vs.
the New Orleans, Mobile and Texas al Com
pany, ct al" wherein the said c New OrIe an5
the said Henry j. Gardner and Peter Butter
are made defendants; that the sad sui Is
No 7ol2 on the docket of the said court that the
sad Henry j. Gardner and Peter Butter pave DeeA
duly served with sUbpenas therein and that as ct
the said New Orleans Mobile ard Texas Railroad
COMPANY has not been served with process, be-
cause neither the president, secretary treasurer,
nor any OF the directors CT the said company Aave
been found or known to be in the state OF Loul'i-
known. altoget her ne elected and failed TO appoint
IAN agent Of the company resilient IN the cry OF
mated by the company to receive sucn service, y
required by section twelve OF the act
OF tie Legislature Of Louisiaas, entitled An 4,
and Chattanooga Railroad Company, corpora.
ticu of the state OF Aiab?Ina and authorizing and
empowering said company to exercise ard enjoy
Louisiana approved February Il, 1869 upon whom
Il service can be made.
And Further Take Notice,
That he, the said Charles Morgan, in .lisSbi!i
AYERS that the general arrangement AID agree.
meEt made and entered into by, and to be
carried out between the said sew Orleans, No
bi!e AID Texas Railroad Company and himself tie
Only parties thereto as set forth in a certain in.
strUsneN CT writing, executed III the city and
State of New York the twelfth day of December,
1871, and recorded IL tie office of the recorder of
couveyanceS CT the city of New Orleans, on
the twenty ninth day Of January, 1873, and in the
offices of the recorders of other parishes. set
forth in said bill OF complaint and which was ar
RED into effect by the said Charles Morgan, on his
part, by the execution OF certain act of sale OF
wharf and wharf property owned by him in the
city Of Mobile, fully described and set forth in
the said sale, which was recorded October %, l81l
il the office OF the Probate Court of Mobile county
Book iElrd, new series, pages c3I. etc, and OF
two several acts OF sale of the steamers Laura and
Frances. executed in the city Of New York, and
recorded il tie Customh0use in the city
OF New. Orleans, May 6, 1872, in Book N, pages
l67 and 1913, and OF sale OF the fran hisgs,
construction OF railroad running from Brashear
City to, to VermiGOnville etc, fully
described and set forth in said sale, executed il
the city of New York, and recorded in The office OF
the recorder OF the parish Of st. Mary Oh the
eighteenth day OF April, 1872, ETC.; and by the
transfer and delivery to the said company OF the
certificates of SOB shares of the capital stock OF
the Pontchartrain Railroad Company and IL akin =
a transfer OF the said shares OF stock tie
Ter book of the said PCntchartrain Railroad Com.
Eany; ard by the Eayment to the said company Of
the Of > l.5 $40 30 III cash on about the thr
t:eth day OF March, lG72 was and is absolutely
NULL AND VOID, on the ground that his copsen. to
the said general arrangement and agreement or
contract, as set forth in the said instrument of
writing, executed the said twelfth day of
coaveyances and transfers made il pursuance
OF and in conformity with the stipulation Ct the
=
he was led by the representations OF the said COM
paEy, which were untrue, and were made in bad
faith in order TO deceive him, the said Charles
Morgan, and induce him to enter into the said cor
tract and execute the said sales and transfers, ana
DO OTHER acts ia Conformity with the terms anG
stipulatons of the said contract IS set forti, IL.
sad instrument il writing, SO that the SAT-.
contract aad the said sales, cOnveyanoes and trans
fers made and acts done under the same ard IL ODE
LtnCe to It's provisions, never had any legal exist
erce or incng force or effect.
And Further Take Notice.
That he the, said Charles Morgan, claims
the whole OF the said property, to wit: Tie
said wharf and wharf property III the
city of Mobile, the said steamers, the Laura and
the Frances, the said iraIchises rights AID p;ivl-
leges for the construction OF a lroad rui.ni u
from brashear City to- or near 70 VeTni i0nvl-le;
and the said 0.3 shares Of the capital stock OF TIE
said POntcnartiain Railroad COMPANY, as property
nelon ging to him of right and to be returned TO
him tree from all mortgages, privileges, or BUR-
dens Or incumbrances of1sny kind, which NAV have
been created or have come into existence " lille the
leans: Mobile and Texas Railroad Company
CT those claiming through or under the
said company ~ the operation Of the resoltory
take effect IL case either of the parties does not
comply witt! his enga1emt Because OF the fail
ure of the said New orleans, Mobile and Texas
Railroad Com any to comply with and fulfll its
Obligations and engagements in favor Of the said
Charles Morgan, 20 construct and complete the
said railroad from Biashear City 10 connect viii.
its main line OF railroad ct OR near ermli,ohvie,
or 20 construct and COMPLETE its said man lire OF
railroad from Donaid5onTihe TO TIE CITY o. HoCG-
ton, in Texas, agreeably to tie st!prlation5 coz.
tanned in the said instrument o. writing cxecutet!
on the said twelfth day of December ls7l, AID as
fully detailed in the said bill OF complaint.
And Further Take Notice,
That daily certified copy OF tie said bill
il equity, exhibited in the sad suit in
the CiIcuit Court of the United States No. -ol2
Of the docket OF the said CONT, has been
depos ted in the hands OF the said Robert H. Shan
non and J. W. Gu.!ey, masters Ii chancery as
atore said, under whose supervision and direction
the SAT-! sale, the said sixth day Of June 1875 il
70 be made
CHARLES A. WHITNEY { CO,
Agents for Charles Morgan
New Orleans. June 5. 1873. je5 It