, 1879-07-15

trustee. md, thereup0n, said Denver II Kio.
Grando Hallway Company assigned alt Ito right,
title, interest, claim, md demand In, 10, mud
under snta lcnsc made Of TO be made, and 10 The
rents md moneys therein reserved and agreed
to bo pntd, Or to bo therein agreed, and
TO- s,n G ssecrssd m and determined a. tersn Pr
tern,s and provisions Of said lcnic, together with
nil remedies at law Or In equity and' powers Of
Ee.cntry against this defendant for the recovery
Of tho aforesaid rent or any nrrcsrnacs thereof,
Or damages for wastc Or for violation Of any Of
the provisions, covenants, or nurcctnenta In said
lease containctl, or which should be contained
therein on the part and behalf Of this defendant,
fcd, marked Exhibits Nos. and 8.
And this defendant further answering says
TINT relying ulon the good faith nf The sa!dcon
Sebastian .. schlcscnger. Theodore +. II. Meyer,
agent OF tic said complainant, and William ].
,rafmer, 1t entered into Possession Of the sad
property 70 denteed to 1t, md assumcd the n.
suoHelbilty sf the said lease and other agrcc-
mcnts.
Tho defendant further answering says that,
relying upon Aatd statements. no mndo as afUre-
ti.c sum of tiso, ,9Gl75 for Inc pufpoae oi nv.
Ing the interest falling qua upon tic bonds Ut
Tie said Denver t. Rio Grande Railway Conpa-
vnon ssI0, ,5i7. 20 Of coupons falling duo Aiay i,
1s'7, Nov. l, 1877, and May !, 1878 hcrcinbcforu
mentioned: and that the said Meyer, wcll-know-
thE TINT thls defendant believed, and had reason
to hetevr, tl,ht the interest which fell tue nm
the lst day Of MAY, 1871, OF the ]st day Of No.
vcnber. 1s777, md Inc lat day Of May. 1878, had
beut provided for by the trust fund heFotnbefo~e
,neniionsa, fra'nlulently concealed from this dc.
complaint. and by such fraudulent conccalmont
ihtl,lccd llls defendant to advance him tho sala
snsn Of slEAa3, III for tho purposes aforesaid,
the sa!1 Meyer well knowing tint this lcEcudant
WNN not 1lAVH advanced HHfft 0f
last mentioned II tho matters md things stated
In llla said btu Of complaint s,ad been known.
This defendant, further answering, says that
for long time past, to-wit: eeverat years, tho
aaid Theodore F. II. Meyer has actcd a. Tho
agent and Representative OF the said Louis Il.
Meyer, nntl has been the solicitor OF the said
that Hanson A. Klsley, heretofore appointed
Receiver In this cause. for several years past has
l,ecn the solicitor OF the said Denver d Rio
0ranle 1sailwa! Company, ni,d was fte solicitor
it thu suit Of Tho said Louis II. Mc1er hcfr1nbe-
fore mentioned.
And this defendant further says that the said
Denver d Kfu Grnndc HALLWAY Company, Its
President, md solicitors aforesaid, entered into
,l,s property 20 denIscd 10 this defendant, and
for that purpose procured the Attorney Genaral
Of The sta,c Of Colorado to 1lc bill Ii thc Dis-
tr!et Court Of tns State ot Colorado
Of obtaninr an Injunction against this
defendant retaining possession Of said prop
esty md operating said road aud that such bill
was flied In said Court, and an order for an III
junction was fraudutcntly procured, but before
aatd injunction WAS tssued. said entise was ro-
moved 10 the District Court OF the United Statca
for the Western Division Of Colorado; that
Meyer, unl Rls[ey, combining and copicdcratinE
together, procured ono William y. Lawrence,
pretending to be the Clerk OF tle said District
Court Of Costilla County. to Issue a writ Of in-
trfr possra aim NJ mid rnA{ anil nrOnerty HnlI
from using tho same, wtflch said writ of tnjunc-
tlon was wholly unauthorized and void, but
nevertheless tho said Palmer RslcJ. and Meyer,
combining together under color Of said void
writ OF Injunction. BY forco and frnttd, uulnw-
fully nbtngncd possession OF tho safd Denver &
Rio Granie Hallway, tts roliinE-stock anu prof.
erty used In connection thercwfth. togu,icr
this defendant to which the said Denver s. lilo
Gralidc Hallway Company had no caim Whist
ever.
This defendant, further nnswctine, rays that,
noo S on f ' % dSs ta b,tts
Court of tho United States for the Western
Division, Of Colorado tor the restitution Of TEad
property: that the said Denver .S Rio Grsn':o
Hanson 4. lsIs.r, md Thcotoro F. II. Meyer
lad notice Of such application, md that alier
the hearing thereof was eo'nmsnec'i mud before
,s ,sc .s' ns dss'stsa i; na. steo ism t0Tt W. iii III
il il this cause was iiled, anu saii
Hanson A. RslcT appointed Necctver upon tl,a
voluntary appearance ann consent oi u.s ssni .,i
Denver d Rio Grandn HALLWAY COMPANY, ataa
without any notice to this defendant: ~! s1at mo
sad were ar s,,s nr ,,, 'H ..r ur
pose Of cvualhE any order "n,ca Mlt sl!stE,cs
Court OF the United states for the Western II
vision ot Co'orai9 might MAKE s rriative ~ nc
restsaoh q ,5r sad s3n ; snd % "
trsct CURT ot the uniscd 6sats oractcd inc saA
l,snvcF II ltio Niranoe hallway company, ~
officers, agents, servants, ete:, 20 restore sara
property ~ thts de'en9ant, WHEN .i,e sa'a men,
yer q NO Grando Ha.iway G9snoaay ,'ao. usciinou
to do on account oi ny II traadn!ont a. ntocesdlnEs
raused to be instituted by It, IN Wh'Stl tnn sa!a
nsta nanso,i A. hs'ey "fs appoln'eu l'ees''cs' u
And this defendant further nnawcrng, says
that In pursuance Of SAID frsudnient coIl-
splracy, the said Denver & Riu Granoc Railway
Cuut1,a1,y and Its said Receiver, took forcblo
possession OF q large amount OF freight IN the :
possession Of this defendant ~ a common car
rer, unon which. a largo amount OF money. to-
wilt, The sum Of SIC, ,O0O, WINS duo rs charges for
tic transportation thereof. unl that BY reason