Nebraska advertiser., 1876-02-10
Legal Notice

DENJAMIN +. SMITH. Josanb II ~,
IL anu William DenisOn, will take ,riISs
tnat petition has been lied in tbs Dntosico
.i oOuIt ol Nemah9 county. Nebraska. In an
actlon wherein De Witt Clinton ShelIabS.i
ger, as executor of the estate ana ios. i,
anu testament OF William ID. Shellenbsrge-'
deceased, in behalf of himself and All c{ba-
stOch ,C M hoiIers I OF the Brownville, Fort Kear
ney and Pacific railroad company. Is nIs,r,'
tin, and the Midland Pacific RaiIxavL Jan i'm
pany alias the Nebraska Railway Cos1,S LII
the so called Nebraska Railway ComPrsii!S.'
tie pn, 1 broWnVIlIe, 1,, Fort kearney and Paeife
Railroad Company, and Joel n. Converse
benjamin +. Smith, J. II. Wheeler ChsriSs,
+. Stewart, James l.. McGee Henry ~ -,
ana William II. Denison, as the board ~
ullec,oIs n,t 0L the SAID Brownville, Fort Kear-
dey ana Pacific Railroad Company and
y. converse Company, Joseph I. Thomas
and Andrew j. Edwards are defendants
Inc oOJect and prayer of said petition IS To
OBTAIN an order of appointment of a recef,,
er to take charge OF all the pronsrt,. o,',i
privileges OF every description OF the SoId
Brownville, Fort Kearney and Paci1c Rail-
road Company; and that such property.
rights and privileges be placed in the hands
of such receiver, TO remain there pntii tba
nnal determ lnatiOn of this action and fur-
ther, 10 obtain temporary orders Of iniunc-
tion restraining and enjOining the negOtia-
tiOn, transfer or disposal of the Certificates
of stock in the Brownville. Fort Kearnev
and Pacific Railroad Company, held hv
defendants, Joel n. Converse, Benjamin
Slllllu, anu william DenlSODs md
restraining and enjOining the negotiation
transfer or disposal of any of the bonds
of the said BrOwnville, Fort Kearney
and Pacific Railroad Company, held by
any OF the delendants; and restraining and
enJoining the removal of any of the bridges
or other property of the said BrownyiIle
Fort kearney and Pacific Railroad COmpe.
ny, or attached to the Brownville. Fort Kear-
ney and Pacific Railroad and enjOinlngand
the use, occupancy and control
by defendants, of the Brownville Fort Kear-
ney and Pacific Railroad, or any property
thereunto belonging; and restraining ard
enJolnlng defendants from publishing 20 the
world that the Brownville, Fort Kearney
and Pacific Railroad Company and the Mid
land Pacific Railway Company are consOli-
dated under the name of Nebraska Railway
Company, and from contracting any debts
on the faith thereof, or in any way encum-
bering the Brownville, Fort Kearney, and
Pacific Railroad, or any property theTeunto
belonging; and to obtain the order and de-
cree of the court that the said certificates Of
stock. and the said bonds of the BrOwnvllle
Fort kearney and Pacific Railroad Company
be returned and delivered up tn becanceled;
and that said temporary orders Of iniunc-
tiOn continue In force until the final hearing
and determination of this action and that
at such final hearing the said orders of in
Junction be made adjudged and decreed TO be
perpetual; and that 10 be further adjudged
and decreed that said attempted cOnsOIida-
tlon is fraud upon the stock holders Of the
Brownvflle, Fort kearney and Pacific Rail-
AOd,A SOllIp'tuyf uutl Is Illegal, nun anu NOlQ.
and that the said BrOwnville, Fort Kearney
and Pacific Railroad Company, and the sa.d
Midland Pacific Railway Company, are not
and never were consolidated into one COM
pany; and that there is no such corporation
as the so-called Nebraska Railway COmpa-
ny; and that the said BrOwnville, Fort
keaTney and Pacific Railroad Company still
exists In its independent individual identi-
ty and that said certificates OF stock and
bonds, and the deed of trust I'm the nature Of
2 mortgage made TO secure said bonds, be ad-
Judged and decreed to be null and void; and
hat defendants be ordered to return 10 said
Brownville, Fort Kearney and Pacific Rail-
road company, oil Its books of record. and all
les, iron. and other property taken there
rom; and the plaintiff further prays for
'uch other and further relief as equity and
good conscience may require.
Said defendants are also notified that aid
order of injunctiOns against the
removal Of bridges and other property, has
been duly granted.
said defendants are required to answer or
otherwise plead 10 said petition on or before
March goth, 1876.
]. II. BROADLY.
32wi Attorney for Plaintiff