New-York tribune., 1876-02-05

And il was further stated III sand prospectus or
history of said estate that the said corporaors found
this estate incumbered 10 the extent oil Sl looo'ooo
subject to which the estate known as Las
Mariposas, with all its minerals, rights priVl-
leges, and appurtenances, was purchaser Dy
the said COMPANY for the sum of 10000, 900, and
that to provide for and pay of the then existing IN
cumbrances the said Company had issued l,5o0
bonds of Is 900 each, secured by mortgage on sad
estate and il further stated that the mortgages
20 scoring the payment of the said bonds i.sed by
the said Company were the first and only ncum-
brance on the estate two mortgages winch cX-
st prior t0 the purchase of tho sand estate by the
Compa1y, one for 100000 and the other ,tcd ior
$50,Oo0, ~ provide for which the money was then
in the treasury of the Company.
That IN liz believing she truth of the said stare
mcnS, eagerly purchased the stock and bonds from
said Company at a very large price.
That In truth and in fact the said statements were
false as tho plantiit well knew; that neitaer the
said Fremont nor the SAID hariposa company Was
the owner in fec simple of the said estate, and tbat
neither Gen Fremont the said Company iAid any
title thereto.
That in 1853 a Judgment was rendered against
John c. Fremont in tine District Court for the Fourth
Judicial District of California for large sum, and
under Al execution Issued on this judgment on tie
! 9th day of September 1889, or thereabouts. the
sheriff of Mariposa County, California. sold all the
right title and interest Of said Fremont to Francisco
OCampo the plaintiff in the execution, certificate
|
| aforesaid.
| That at said time said Fremont. as alleged
largely indebted to tine banking firm of Mark Bru-
| magim II Co. of San Francisco and Mark Bruma-
gin, one 0f the members of sad firm. for their IN
| dclhniy purchased the said certificate and on or
about the 7th day of February, 1860, said OCamp1
assigned the same and all his interest III the property
! to said Mark Biunagim.
| That although the said Fremont and Mark Bruma-
gin had prior to the formation of said MarpOSa Com
! pany, entered mo an agreement by which upoA
| certain conditions the said Fremont could redeem
the said estate from SAID SALE yet the said Fremont
! had not done 50, and the time for rodecmng
having expired the said estate and all the right.
title and interest therein Of said Fremont had been
by the said Sheriff on about the 1Sh of October,
! Sol, conveyed TO the said Mark Brumagm, pursu-
ant to said certificate of sale,
That at the time of the organization of said
| NlaIposa Company the tile of said property still
stood n the n.uue OF saiI Brlm1si'u, and tho .ud
| Marp.sa Company never did own the said premises
| in fee simple.
| And the defendant further says that the plaintiff
| is lawyer bv profession and at the time the said
Company was oyGaniz ii and prior thereto vas very
| familiar with said Fr.monts business Affairs aud
! well know that the statement OF history of said
estate so issued and circulated ty said corpoa,ors,
.
to State that the estate known Las Marii'oSlS
with all Is minerals, privileges, and apprt ,nauces
was purchased by She said Company for the snm Of
$10.O01,000 subject to membranes 10 tLo extent
of $l, ,10n, ,0OO WAS false and untrue.
And the defendant further states that the sta te-
rnent so issued and circulated by the said corpora
tors. that the said Mluposa Company hal in its
treasury the money 10 pay the two sums which were
stated to be incumbranres The estate. to Wit One
of $500, 600 aud the other Of $4,000. were false
and untrue. That although the said Sl0,0oo00O of
stock of the said Nuippsa Company had been
lssued ostenSibly in payment for the sail
pretended estate and title 20 said property, large
qnanities of the tran, e-rc'l 10 the said
corporltors Of said Company, and 10y them put on
the stock market in Wal-st. and cS"vhere; and
the public believing in the trlth Of the rcpr s"n'a
| tlus made IN sail prospectus or history of the sail
Mariposa Company AID in the faHh thereof pur-
chased large amount, Of the stock of the sil Co
pany from the sand c'ippratpiS 81 h'gh prices. ana
also invested large ~ the sad bonds ui the
said Company. That the rlrntif afterwar'l. and on
or ab)ut The year S6I or 1855. having realized on
hi investments in AarpOSa, JOINED with c.liIiu
le,so,:s IA California ant pa,ncnt.ry YIN 4 orr-
trol of the said Marpo.a estate anl break up the
Company, and ~ cheat and d"ir'Hd o." ft"r kl'd-
cYs Of the nd NaripuSH Company. and particularly
10 cheat ana fraud sid Gen. john &. riHOui,
who vas still largely interested n The, a1I g.
! AZ
said Dodge Brothers did get po o,session Of tn said
| estate.
That tho sail COMPANY in consequence thereof aud
ly reason OF the Ia 10 ncanpran'e' "n tht estate,
and by reason of IT,. not having the title 10 the
! pT per Y, was not able 10 meet i obligations IHd
bpcainc h3ulrupt aud lis said stock aad bonds Doe
came Valncles~, and the innocent puFcass ut the
SAID 81 cK and bonds, wa0 l4d been deceived and
/ duprd III purchasing the le Ia th' Earth Oi tne
st.4tenelis 80 l-'.ied and put loit' 20 'Ae P4'Hc
10y tie pla!utH and TIE "thr corr Fd9ls, .hh y'-
heyiug them t. he nne, were cheI'cd ana dcilaui'd
| oit OF thrir money.
that the defendant, in its said publication com
planned Of hal reicreuc" 70 tlr iorrg ug facts ana
circumstances, which II believed : bc irae.
THE HABLEM ENTEN-ION EAILRDAD CO.
Fosrib And the ncfsnlInt further says chat in
the years s72 and 1873 tie plaintiff largo
holder and profcssed to De tie owner OF the bond,
the Harlem Extension Railroad Con plny, which
was in.olvent and said bonds Of little value +;
that there were at that tine certain other railroad
corporations existing in the States Of Now-York, Ma
slchusctts and Vermont, known as the New-iork
and Boston Railroad Company, tho Putnam
aud Dutehess Railroad Company. the Dntchess
and Columbia Railroad Company and the Pine
Plains and Albany Railroad C.mp;uly and each
and all of which were either at thai time iuso-
vent or heavily embarrassed with debts. That n
scheme was entered into between the plaintiffs and
others interested IN said several corporations, to
organize new railroad company, TO be known the
Ncw-York, Boston. and Montreal Railway Company
and to consolidate The said several railroad com
plnies into this company and by the con.olida-
t0n of the sad several railroad companies and the
construction of roads intervening spaces il
was represented by plaintiff and others who
had become connected with him in said scheme
that there woud be formed line OF rail
road extending from the City of NewYork TO RHt-
Land. in the State Of Vermont and thence by t."