The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-03-02

sail with plHiu l6, ave to pl,i,,',' 'a aipfa,
not M proper iprm, nor hri ihry a., IN, llu
~ PIT uthlnli one ~ lhn uuslei wy NJ
WpppAfh ihullH g. IN tnt " W. 'N aAl
MORTGAGE bonds due said aend.f ,tsan hM
railroad, ''' ~ tM
hat ~ consequence of0l srliops b,..
~ Tue phfllra ~ Interest Ia tiM NF enne
| when ihpn ma been ulaub By Al. ''N'lslsi
lnhl pplrpaN}t ifeFlpus 10 NE IUl. NN
quarry lhii II WIS arranged m4t' ii" ltl'
lalllnitl epl, any lul nzaruis ,l,l
n,tsass in alaFi lelln lns, Hl1 lha i,r,nl,
not punhnlil lie had lafi b'3H'N %
evening pi lhe dal 40 receive stH n llp
70 M uAatQn Tor the bonds nom mlg
Huli Tor his home Ia ~ louls' una ipnleh
order VITO his agent, II j Co9. lpp II 'plt Wa
kel thp nph Z, ana npnuttd hl a5sr, ~
10 nohae uhlll informed npU1 llms Ky
Flainlit says that tt.Ii u q morrv....-.
u gpOd nud ynl'u mr sIt wa
| entitled o. thraiEty iWI. .Y...lt ' hHh
| nfnl ofIphgr Do 'hh.u. ...... ". Ali W
gaze u ~ D. ingh uu M paua Us N.iF
mdnlighs eh'nntrl hubtqulluy hy nd
| company lhh hupsillu q tier Inf AK, tNN
| ~ eau y ana good son OiHuqt ne MN, ''l
| lO ~ hnbAll nlrd - the older nbd nltN,.l
| WsW OF the lril mortgage bands NM.
~ ~ one Thousand dollars each, lgsueI an
ue,id S ,ati,d unp''BHBo upon INIT hye mllss Of
That on Tho "a Of February, i'm. th...,,
| ", htndprsln plntrnotnI with tbs EsHW
tpllihs ~ oplnp Aforesaid hr rns
| pufehhHt or tnfel thousand tuiuf ,Nq
| non Tor the further construction 4 .'1vHaf
| foad, hnd ~ col latarAl Haouri b lar Xxx wy
| mrnlol certain pmmlaslry not A." P1l'
| nm lf Wll .W0 TONS OF iron t1aald A,m'9
| NolNlng Mlll company tho NAM i.''
| defhon asAgned 20 Ira narfia tris Ntn
hald Kansas Rolling Mi obu,u1nV KY
N2ll contract VITA tho Dallas ul,I MANN
rhilrond company, with an tho Tl1hs ofths
| Hnid henderAon neAfulnl lh0trundfr stg
mortgage hnnds, stock land ,9riit H'eF
| eio. except ATTY thOuR hd dolufi In ba,
| Of the city OF Dallas, A copy Ol aid e,bif,''
hlod ana marked oxnibit "E,n mi iI,as
| copy OF Tie ASST ninHnt 10 said Hama tr,HH
tee, marked exhibit "En '''' UuA'
Ihhl aid sangnd m0gtgng, h. haDula,
| IN wichita railroad company Was dulv ~.
eeuied ON tho ON of j n, Ia ana Tia
bonds OF hRll railroad COMPANY lssusI s
contracted, 20 bad0no Ia the Increment hs'
| tween tho said Henderson, ANA tho gnil iatl.
| road company, ANA Werh delivered Ia saiI
| lienderson, Hnd by him 10 the Auid rus my,
That ny hisconl raot of tbs lsLh Of NOyom.
Der 1876, aud OF January ~ lM1 with tnI
henderson above referred Ia, lhstplaibtld
| was ana Is entitled TO al Ia secur Ma
| bonds, stock 0t', Utcr gwen or urrte1 tbh
glyon by tha said Dallas and Wichlta rail
| road company 10 the said llund tNDL, uudet
| the contract ~ NOyomhnr93, 1870 of Frl1 fsli.
road DOM pauy, 10 coupon ats ana RAIN,
burso plaintiff Tor advance M do, a ID t1se
cure him against liabilities Incurred 6y
! him In furnishing mon and other mntorie
and labor In tho laying tho track ofthe
| trst ilYo miles from tho oily OF Dallas. and
In equity his CUTS thereto arc uperlur 10
the tlguts subsequently, acquired by any
| other, and especially 20 the ugls Ofnnyo na
who had notice ~ his rights,
That when plaintiff purchased the iOl tons
Of iron OF the Kansas Rolling MN com,
pany, rs above stated, he gave o sad com.
pnny therefor two notes OF IheH ID Hem er,
| md nlInHnlI ma hnlnn tln al al
| llenders n, which notes ar ) At held BY the
IA uRas Rolling MIN company.
That SAID Kansas Rolling MIL com.
pany knew before the mGliins II It's said
said Henderson, that he, henderson, had be-,
| fore that time transferred TO painlill the So.
curl les received 10y said Henderson OF said
railroad com pany, to reimburse and secure
plaintiff Gs aforesaid, and NJ tnG time Ofne.
soiaung said contract the said Henderson
Informed the agents Of Tie said rolling mill
| cOWp gny of That fact, and II was agreed be.
tween them said Henderson and the said
rolling mill company, that upon HE eXccu,
ton OF said contract that the said two notes
of henderson ana plaintiff should be given
up nad cancelled. In amy event, plal INT
clallus that II SAID notes are retained by said
rolling mlll company That the securities
placed In their hands should o. retained by
thtm for lhr payment %, said notes.
PlNmtin turtho. saith tina, aitur that time,
! TO wit: IN he ---- dizzy of .-, lN5i, that
Rolling NH company, desiring b release
the Dallas Nnd Wichita alwHy aud LIS mp.
purlen ,noes of oil CcordOd Hens upon them
prior IN time TO the said mortgage Of the 9TH
of Juna, 1877, entered Into negotiations With
the said j. W Calder, he assuming o act Tor
said A. Calder, To obtain from him n re.
lease of the lien of the NOR ga Ic OF the DM'
las ana Vic ita railroad COM any 10 shil A,
Ca der OF the 3l Of February, 1875, and on The
10th OF November did ob,Sln from him re-
lease of the lien Of slld NOR g0ge Of ad Of
Feb nary, 1876, byg vim to hIH u Hen under
the mo tgage of june b, 1871, y copy OF Tie
release OF The said A. Calder IS hoieto NJ
taChed, marked exhibit &C." ana ma a
part OF the or ginal petition herein,
That the agreement of ire snld HenderSun
aud the Ka sas boiling Mil company WIN
tn BHid Calder was that they should depoNt
with John Kerr, of On las laXn', or his New
York correspondent, DounrlN Law,ou Co..
Xty thousand do lars (sG0hCOl IN nrst MORE
gage bonds OF the Dallas ana wichita ran,
I'D mpany, issued undei ne TOT suRehui
June 5, 1877, ms collat raj security Tor the
J debt pr posed to be secured to the sald a. Cst
der by the said mortgage Of he Dallas snd
Wichiti railroad couuuny Of February q
1875, 10 be held bv The said Kerr Or the shla
Donnell, Lawson IL o, Of the Guy Of new
lo k, until the lst of J0uugry, Rlh andh
the event that thirty thon' MI Iollars VIZ
paid to the said Calder nv III time the sald
, bonds were 10 G tMnr9 TO me party OF
parties deposltiHE them, but IL 81 u pay
, mcnt was not made by he LIST JanuaI
/ 1878, EN- the said u 'nneu Lawson Il Co,
Were author Eed, after giving ten days no.
tice by puhlica ion in the New 70 ri I
aid, to sell the sail bonds at pubic outVIy,
in the c,ty of New YORK. for Sll, o a Out oi
} the proceeds to pay Sai debt OF l3jUOO anu
Q II there be any overplus to return the sALIe
3 to the party or parties from whom me salo
bonds were re eiVsd.
That upon leaiing of said proposed agree
t ment that plaintlfrprotested against turning
=, over said bonds 70 snld A. Calder or lor W,
to the said john Kerr or Donpei, avon =, q
Co., and gave notice of hi protest to the NY
Henderson and the said Kansas hollns
I Mil company, and to Da las and vienna
D railroad companS but notwithstanding An
: protest 20 OF the said first mortgage bonus
I were deposited under said Il regiment lv'
$ the said A. Cald r, " tn the SAID Johh Neil,
e of the city of Dallas, and with BE sald pm ,,
nell, lawson x Co., of New YORK, no - III ~
with each, plaintilf does n0l know, ous nc a,
9 informed that much the larger numoet y.
said bonds are in the keeping OF the SAL"
John Kerr.
? Plaintiff saith that the change in The s 5S9
Q rity for the payment of said debt TO a ~, ~,
4 der or j. w, Calder, rs the case may be, w
taking said bonds Issue under sal il ustv
/ gage of June 5, 1877, rs collateral S1cd'liy lu1
the payment OF sud debt, is only exchau6I
, ing one mortgage security for tuotn Il WiJ
that he securities in the la uS oi the n'a
, A. Calder are void, as they. would h'Fe ue'A
, II issued under the original mortgage: o,s
Tue premises cOnsid6rG plalntH pa"rSis
II thaJ cUallonS issue 10 'ue W tntth,
7 herein, ana at upon 81 lin tial tbRl , 'nS
slit mortgage end opl'g ton oi ne UsIl" NJ
nd Wichita railroad company OF tte ~. ~ y,
February, 1876, he declared void, anu tn yum,
he same be cancelled, ard the ay'eei,Ii'II
betW cen said NJ. Henderson and the sl.r . 11'
Calder, transferring said sixty bonus " IN, IN
) lateral security, for The said pretended III
of thirty Thousand dOlla.s of the d laS ny
Wichita railrOad company TO me syigG ia.
Calder, be annulled, and that the Ssiu
pOsiturie of said sixty first NOR gaze Onlius'
. or the said A, Calder or j. w Calder, be IT,
quired 10 bring the same into court to ne liza
posed of by the court az equity ara !,uriher
may require, and for sCch othef anu lu INT oni
relief, general or special, az 10 'he '0"'
I may seem Just, etc. ,,o,, and
Herein fail not, but have you tne si "t nv
there before said court this Wrl', WIZ, ave.
return thereon, showing how YOU haNoS
cuted the same. ,r,, mis-.
Witness, w, A. Harwood, Clerk OF tne LIS
l | trinf C,nI,rf ~ NJ In. .,nnrIn