The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-05-22
LEGAL.
NOTICE.

N
STATE OF KANSAS, LYON COUNTY.
In the District Court CT said county.
Tho Board Of County Commissioners of LYON
county, in the State OF Kansas, Plaintiffs.
The Union Pacific Railway Company South
ern Branch, otheryYise known and styled As
the Missouri, Kansas Texas Railway COM
| pahy, itoDert :. stevens Seorgc e Ilark,
Levi Parsons, August Belmont, George
Dennison, /. Z. Morton. D. Crawford, Dr..
| u \. johnson. Francis Skiddy, J. Pierpont
Morgan, Shepherd Candy, j. u. ickinson,
! a u. Jaynes, J. H. Barrett, II. b. Henson,
| J. II. Frothingham, c. Il. Carleton, Hiram
Z. Hale, L. u. Taylor, Thomas 5 ITunakcr
| j. W. Mcmillan, L. y. MaXSon, Z H.
Plumb. 5. S. Prouty. Rollin Norton :. S
Goss, 1. W. Dow and Il. II. walker, the
Land Grant Railway and Trust Company,
Dabney, Morgan y Company. a partnership
doing business IN ti:5 city Of New York, the
names OF the members of which are ua-
known to the plaintiff; Russell sage. y. \.
Land Grant Railway 4 Trust Company. of
Missouri, and each and all those persons
other than those above named, claiming to
own any OF the capital stock of the first
above named defendant; and each of those
persons other than those above named, who
under any unrecorlsd decd or contract
cls i'm any interest in any land or lands
heretofore owned by said first above namci
detendant; and each of those persons other
than those above named, who claim to own
any bond or bonds OF the first above named
defendant, Defendants.
You, the above named George c. CLARK, Levi
l. r. Morton, ID. Crawford Jr, il a. Johnson'
herd CANDY. T. Il. Dickinson, 4. ID Lane II
II. Barrett. Ii. Il. Henson, ). ii. Frothingham,
Z. T. Carleton, the Land Grant Railway and
Trust Company, Dabney, Mci gan X Compauy.
a partnership doing business in the CITY vi
New York, the names OF the members Of
which are uiSnov8 "a tho plaintiff: EUssell
Sage. y. : % fltr. TIE aion Trust ,fayIsa- |
ny, The Ian SRA, hallway y Trust CoInpa-
ny, or Missouri, au-, each and all those per
sons other than those above named by their
names in The title OF the above entitled suiF,
claiming to own any OF the capital stock OF
the defendant first named il said title OF said
suit, and each Of those persons other than
those named who under any unrecorded deed |
or contract claim any interest in any land or |
lands heretofore owned by said defendant |
first named in said tit G of said suit and Cach
ed, who claim TO own any bond or bonds OF the |
defendant first named in title TO said suit /
treal names unknown), and each Of y0u are /
hereby notified that yOu and all of the above |
named defendants have been sued by the |
above named plaintiff, the - Board of County |
Commissioners of the County of Lyon.'' in |
the State OF Kansas, ~ the above mentioned |
court, ana that said plaintiff has, IN said court |
nled Its petition against yoU, and the other
defendan above named in said suit, and that
you must answer said petition on or before the
petition viii be taken as true and Judgment
viii be rendered accordingly, Of the following
nature, tO-Wit:
That said plaintiff is the owner and holder
OF two thousand shares of the capita,l stock OF
the said first named defendant OF one hundred
sand dollars of the capital stock thereof and
that sand plaintiff is the holder and owner OF
.
PENDANT, and that the defendants in said suit |
DO not any Of them hold own any Of the
capital stock OF said first named defendant
ana the Land Grant Railway and Trust Co!a-
pany, dated of the 14th day Of November A |
ID. 1853, and the several bonds, mortgages and
certificates of stock made, executed or issued |
under or in pursuance thereof and that certain |
pretended mortgage OF said first named de-
fondant made on on about the 92d tIay of Ian |
uary, a. ID. 1852 signed by j. Il. Dickinson rs
president and George G. Clark as secretary |
thereof, anu all the bonds and contracts there
mentioned pFfs in, gt,ar, 1
ment dated of the first day OF February, a |
D. 1871, made between said first named de- |
certificates of stock therein mentioned. and |
al ponds, mortgages and contracts, and all |
certIncates OF stock ever made, executed or |
issued by or for on behalf of said FIRST NAM
ed defendant, other than the certificates Of
nulled, set aside and wholly for naueht held.
And that the defendants in said suit other
than said first named defendant and their
agents, attorneys and proxies cnjOincd and
restrained from ever voting and rom permit
ting any person or persons 10 vote at any
election of a director or directors OF said first
named defendant or Ht any meeting OF |
stockholders of said first named defend
forty-two thousand and five hundred |
pretended shares of the capital stock OF said |
first named defendant mentioned in the pre- |
tended contract first aforesaid, or any thereof, |
or any share representing any Of the same OF |
founded thereon, or any duplicate. or any |
representatives OF any thereof or for, |
because or on account Of any pre- |
stock of the said first named Defendant
other than such shares thereof as belong |
to said plaintiff; and that the several de- |
PENDANTS in SAID suit other than said first !
named defendant, account to and with |
said plaintiff, and said first named de-
PENDANT, of and concerning all moneys, |
notes, bonds, certificates Of stock, chooses /
in action, and property OF every kind aud |
description of said first nance defendant |
which has been received by. or which IS |
10 Ion -
the defendants III said suit, or any of |
them, and that they and each Of them be |
required TO account therefor.
And that the several defendants in said |
suit account TO and with said plaintiff |
and said first named defendant Ci and |
concerning the several matters above |
mentioned, and bring into court and de. |
liver up for can collation. said pretended |
contracts; and all bonds, mortgages. and |
certificates of stock issued, executed. or |
made by or for or on behalf Of said lii ST |
named defendant, which they or any or /
either Of them claim or pretend to have, |
hold or own, and that the same he can |
celled and destroyed; and that said first !
named defendant is the real and legal !
owner Of all the lands promised, assigned, |
granted donated, or given either in whole |
or in part, by the United Suites of AmeTi- |
ca or the State of Kansas, or any company, |
corporation, city, person or persons, either |
absolutely or conditionalIy, by treaty, |
statute, deed, contract, resolution or 9TH |
erwise, to said first named defendant. and |
of all lands which the United States, or |
the State of Kansas or any company, cor |
poration, city, person or persons ever, |
either by contract, treaty, statute. reso- |
luton, deed, or otherwise, promised or |
agreed in any event or under any ciIcum- |
stances to give, grant, donate, sell, assign !
or convey to said first named defendant, |
or to any person or persons, body, or cor |
poratiou, to the rights of which, 50 far as !
any lands are concerned, the said first |
named defendant - succeeded or become !
entitled to, oitlei q hole or in part, alb |
solutely or eoEditI-. y 9nd OF all notes
and bonds ever made --liYered TO said |
frs named defendant or any one on IFS |
behalf; and that all patents, deeds and |
conYeyances to any Of the defendants in |
said suit, other than said first named de- |
fendant, OF any of the lands or property
aforesaid be cancelled, aEnulled, vacated, |
and set aside, and that said first named
defendant and said plaintiff ami each of
them, have and recover OF and from the
defendants aforesaid, other than said first
named defendant, the sum Of five million
dollars.
Dated this 18th day of May, 1874.
ALMERIN GILLETT,
County Attorney.