The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1877-06-29
NORTH LOUISIANA AND TEXAS RAIL-
e. ROAD.
Decision OF the United states Court
Fraudulent POssessOrs Entitled
to Compensation.

United states Circuit Court, District of
the VieKsbnrg' shrsvepor. and Texas a.
| Railroad Company ct ai.--No. 50s;
| This cause came ON to be heard upon
the pleadings, DEGREES, orders, reports
| of the Master aud exceptions thereto,
and the testimony taken in the cause
and before the Master and was argued
by counsel on consideration whereof
| it is ordered, adjudged and decreed by
! the court as follows:
/. That the plaintiffs, on behalf oi
themselves and others, us set forth i'll
the bill, have established the mort
gage set forth in the bill, made by
] the Vicksburg, Shreveport and
Texas Railroad Company, ami have
established their claiis1s under said
mortgage by proving the same before
the Master, whose report on this
subject has been confirmed, and that
the report OF the Master describing
the property embraced within the
| terms OF said mortgage and recon-
| mending the ratification of exchange
! and sale having been made, and no ex-
ceptiOns filed thereto, the same is APP
proved and confirmed.
.. The plaintiffs and others on whose.
behalf the bill was filed are entitled to
| half said uurtagage sold to satisfy thu.
| sums proven 10 Ut que tnein anu re-
cognizel by this court.
3. That the defendants have eXpend-
ed ON said mortxageu property, in the
| making of improvements and better
ments thereon, which still remain
upon said property, ready to be turned
over, the sum Of $4SS, 100 "a, on which
they are entitled to interest from the
date OF said expenditure, at the rate. OF
| five per cent per anaum, until said
unOrtageged property was placed in the
| hands OF Il receiver ny this court. THAT
defendants have received from the
earnings of said property, over and
| above all sums paid out for nlainten-
! ante of said property and running ex-
peIls..s, the sum Of $l6i ,4!6 81, fol
! which they should account, with
interest at the rate OF five per cent pei
annum trou the receipt of said sum.
That the Interest Ola said SUM expend-
ed and said SUM received by the de
PENDANTS should be- computed for the
same period of time, Or what is e4uiva-
lent thereto; the said sum received
should be deducted from the said SUN
expended, and the interest computed
on the remainder. That after making
said deduction the remainder is $685.
632 80, which with interest added from
the time when Interest should be com
puted up to April ID, 1870, when the
| receiver Dt this court took possession o.
| said property, amounts to 1891 800 ~,
/ for which SUM defendants are entitled
| to compensation out OF said property,
to be raised in the manner hereinafter
| set forth.
| t. That article oOS OF the Revised
Civil Code of Louisiana, which author
ICES the owner ol property to require.
the removal or demolition OF the i'm
! proVl.InentS made Oh his land by u
| third person, or to keep them at the
| value OF the materials aud cost OF work
Manship, is not applicable. to this case,
| because the plaintiffs are mortgages
] and not owners, and because the re-
| nIOval of many Of said improvements
| is impossible, and BECAUSE said ifn-
provements cannot be demolished with
out destroying the property OF which
they form u part, and therefore the
claim to said election made by plaintiff
under said article OF the Code is dis
allowed.
). That alI of said ,nortaged property,
including the improvements placed
thereon by defendants, shall De set up
at the price i 1898 ,U9S :sS, the actual
value thereof, rs shown in the report OF
the experts; and that if this sum, or Il
greater amount he Obtained at the sale,
the defendants shall be entitled to the
said SUM Of 1891 ,959 ~, fixed as the
value of their improvements and inter-
est thereon as settled in the third par
agr;tpn of this decree; and of the said
sum of 1888 ,O9S, aS cannot be obtained,
then they shall have in the same pro-
portion Of the sum actually obtained
az that sum bears to The upset price
aforesaid ifany less amount shall he
obtained.
4. That the holders of a ma jority OF
the bonds and coupons shall be- ut liber-
ty to agree upon committee to pur-
chase the property for their account
upon articles aud terms or association,
and with concessions to any bondhol
der to become X party thereto, at or
within fifteen days from the day of
sale. Should the purchase he made,
the purchasers shall not be required to
make Il payment beyond the costs, char
ges, OK pensess OF the sale and the amount
of the Judgment in favor of the defen-
dants hereinbefore stated, with five
per cent interest to the day of sale,
which shall be II privilege upon the
proceeds of sale and the said purchass-
ers shalt be entitled to credit their
bonds with the sums that may be due
| from the purchasers on them "a part