New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-11-18
LEGAL NOTICES.
UNITED STATES CIRCUIT COURT.
DISTRICT LOUISIANA.

DISTRICT OF LOUISIANA.
FRANK ". AMES, TRUSTEE VS. NEW ORLEANS.
MooIe and Texas Railroad Company, William
Pitt Kellogg, trustee. and others-fc. 1913.
TINO FRANK NJ. AlIEs, TRUSTEE, AND WILLIAM
4 Pitt Kellogg, trustee. and to Francis A. Wool
lie and "a those who may be bidders at the sale
under and pursuant TO the decree rendered in the
sale ease at the April term 1874 of the said court
to be made on Wednesday, the eighteenth dxy OF
November, 1874, before The Custolnholse in New
| Orleans between the hours Of II A. II. and P. NJ.
of that day, by sad Frank NJ. Ames trustee I'm
der the supervision and direction of the sad Wool.
fey master, appointed in sad decree Of the prop
erty describes in the advertisement of said sale.
published II :he New Orleans Republican and OF her
papers:
bill i'll equity il the tucuic Court OF the United
States for thu District Of Louisiana on the thrtielh
day OF May A. D. 1873, N suit entitled Charles
| Morgan vs.. the New Orleans, Mobile and Teyas
Railroad Company z: AL, wherein the SAID New Or
ieans N~bile and Texas arOad Company and
Henry J. Gardner and Peter Butler and their sue
cessoIs ade deiendaD:s that the said suit is
NO 0: o. tie docket 9: said United States N5eTr
Court.
And further take notice tha: the said Charles
Morsa, his bill and COMPLAINT III the SAID suit
No .Gl2 AYERS that the genera. Arrangement and
agreement made and entered into by, and to re
carried out between the said New Orleans, Mobile
ana Texas Railroad Company and himself the only
parties thereto. set forth IL IA certain instrument
of writing executed IN the city ana State OF New
YORK on The twelfth day of December A. b. 1871,
and cer!. ia the Office of the recorder of con.
vtyaIces the city OF New Orleans on the twenty.
ninth day OF January. 1873, and in the ofhce OF Ie
corders of other parishes set forth III SAID bill OF
complaint and which was earned litn effect by
the said CHARLES Morgan on his part bv The execu.
tlon o. q certain act OF sale OF whar! and wharf
property owned by HIM il tie city OF Mobile fully
described and set forth i'll the said sale. whlcn
was recorded october 80 1872 IL the office of the
Probate Court of Mobile county, nook third new
series, pagts Isl, etc. and of tNO several acts of
sale OF the steamers Laura and Fran ces executed
III the city OF New York and recorded III the Gus.
tOmhouse liz the city OF New Orleans, Nav q. 1872
in book NJ pages l67 and l68, and OF a Sale OF the
franchises, rights and privileges owned ty him for
the construction ct railroad running from
Eyaslear CT. 10 :ear 10 vtr iliOnvilie etc. As
fully described and set forth in said sale executed
in the CITY a New York. and recorded in the Office
o: the recorder "t the parish of st. Mary on the
eighteenth day OF April, 1872 etc: aud by the
transfer ard delivery to the said company of the
certificates OF 500 shares OF the capital stock of
the PontclartIain Railroad Company, making a
transfer OF ,he stock the transfer book OF the
said PCn.t hartman Railroad COMPANY, and by the
payment to the said New Orleans, Mobile and Texas
karoad Company OF s rs $40 81 in cash or
the thiIteth day OF March. 1872, was and is atsO
lItey null and void, or the ground that his
sent to the said general arrangement and agree
ment or contract, set forth in the sa d iIstru
ment OF writing executed on the said twelfth day
Of December, 1871. and to the said sales convey
ances and transfers made III pursuance OF and in
conformity with the stipulation Of the said
tract, WIS given in error of fact into which he
ed by the representations Of The said company,
which we've untrue AID were made in bad faith in
order 70 deceive him. the said Charles Morgan, ard
induce him to enter into the said contract, and
scute the said sales and transfers and DO other
acts il conformity with the terms and stipulatiOns
Of the said contract, Set forth in said instru
men: in writing that the said contract and the
said sA,es, cONveyaEces and transfers made and
acts done under Inc same and in ObeG to its
provisions, never had any Agal Existence OF bind.
Ing force or effect.
And, further, :ake notice .ia: NJ, :h. .aid
Charles Morgan. claims the whole OF TIE said prop
srty, TO wit: The wharf and wharf property in
Mobile, the steamers Laura and Frances the said
r-
fion of railroad running from BrSshear City TO
or near TO Nermonvlllt, with all the property
rights and privileges thereto pc rtalning described
n the tLl.d division of tho property adveItis 20
te sold as aforesaid on tie eighteenth day or Nc.
yembsr 1871 and all other property privileges
ment and cOntTac: Made December IL, 1871, AND
fled with 'he bill " compliant in suit No. 10l2
United States Circuit Court and the SG78 ares Of
the capital stock Of the Pontchartran Railroad
Company, AS property belonging to hun of right
and 10 be returned to him tree from all mortgages,
privileges, liens or burdens membranes of any
kind which may have been created come
INTO existeice while the same may be mas have
Mobile and Texas Railroad Company, o. ;hoss
claiming through OK rnder the said company.
BY the operation of the gesolutory con
tracts 70 take .r-c: in ease either OF the psr.
ties does not comply win III. engagements. Be.
cause OF the ta,lare OF The said New Orleans
Mobile and Texas Railroad Company 20 comply
with ard fulfill its or gagements and Otigatons in
favor OF saif Charles Morgan 70 eonstrur. and
complete the sara railroad from Brasbsar city 20
connect with its main line Of railroad at near
Sermilonville, or 10 construct and com pcte its
man line of rallTesd from DonaldsOnvle to tie
city of Houston, il Texas. agreeabiy to the stpu
tatlons contained n sald Instrument ~ writing
executed or said tweit! of December. 1874. and as
fully detailed in said bill OF Omplant.
And further take notice that q duv certified
cop, ii said bill III equity exhibited i'll said suit
Ill the Circuit Cour: OF the United States No 1872
Of the docket of eaid court has heeT deposited in
the hands eff III. said Francls 4. Wcoltley master
in chancery as aforesaid, under whose supervisors
and direction she said sale ehe q Y teeuth fay
o. Eoveiivey 1874 is 70 be made
CHARLES 4. WHITNEY < 90,
Agents fer Charlie. Morgan.
Sew Orleans, November j., 1874.