, 1879-07-15
.tncatcs OF tndebtcdnct., was fully paid up 10

ttncatcs Of tndebtcdnc.,, was fully mid UP TO
AUD iii. defendant, upon information and
lIoiicf, denies t!Iat the said Denver Il Rio Grando
Railway Company Is IN default with respect 10
any 'n!cre1t III 'ns;a,'ent ,' lot ofa tha AK
This defendant further answering says That
tls said Dnnver d hio t}raudc 1sa,lway Com
pnnr is imply ahe 10 pay sntd interest falling
duo on The s9td 1st day Of Msy, 1877, t!!e 1st
May, 1879, II It baa not been pald unlcss It hna
fratiducntly dlisposcd OF The proceeds OF Tie
$sol,h OF bonds horeInbeioro mentioned, ard
that II II has 90 frauanlcntly. sosd ind disposed
Of tho proceeds of said bonds, such sale ind
fraudulent disposition OF tho proceeds haya
been n1ntle with the nsaeut Of The ,mplninhnt
md ot tie holders Of a large majority Of tho
bonds represented By hin.
THIS ueighdnnt further answering SAYS tint II
wnssilily created and organixcda corporation un
der the laws Of Kausas. and Ia nuw transaet4ng
hust'lcss by and unlcr tta CORPORATE name Of The
AtcnIso!,, Topeka Il Santa fe Isailroad Com
pnny, With such towcrs aud authorities an wcro
by the lars Of Kansas, conferred noon aud
granted to this defendant, aud, this defendant
tilca herewith NM! makes part hereof copy OF
Allct lawr Of kaneaa as conferred authority up
On tilis defendant.
1his dofcndunt denies that Il has ITO power or
aushorlty under tho laws Of KatBas Or Of Colo.
RADIO to dcqnire, possess, opcrhte. use, TnIn-
talll and enjoy railway tines a,!d Utler property
1 o. u.
This defendant further answering says that It
Inns the right uudcr the lnws Of Colorado to nr.
gilrc, construct, tnaflltaIt, and ot,crato lines Of
railway III said stnc. n,nl TINS tho night to charge
tolls for the TRANSFORMATION Of persons and
property thereon in MS full and amplo manner as
any corporatlyll created by md organized under
lnwh Of tile State Of Cousado. ..
THIS defendant further answering says that It
Is entitled 10 possession OF nll tho property
mentioned In aah deed OF trnss and Is the ow'l-
er Of such portions Of snlu property ns nro
hereinafter specified, nh that the allegations In
said eonlp!alnants sud bill Of complaint that
this defendant Inns no rs.ht, tiss, clatIo, OF de-
t'lsrcof nre untrue, z--..,
Thc defendant. admits that The agreements
hcrc!nn;tor mentioned bS whtcl, tIs defendant
acquired Its tnterceta IN said property wcro tuadc
inbriorc n'antioucd, but ills lofcn.lant leniea
That the satd Denver tG RIO Grantlo Railway
Company va. In default when said agreements
were executed. .s'' - ''.- 900
This defendant nlmtts Tint n sutt was hcrcto-
fore Instituted b. thu complainant In this court
aEnnst the sahl Denver T. Rio urtlsle Railway
Company for foreclosure of said deeds Of trust,
vet ttis defendant says that the tal con,plntn-
ant. bY his agents and attorncrs, nt the time tho
agreements hereinafter mentioned wcru exc
cntet, nnNl at tho time OF tue payment to him
OF $IS3 03. 15, rs hereinafter mentioned, fraud
ufeut'y concealed Fnd suit from this deendant
for the nurnoae OF Inducing this defendant to
payment.
And thts defendant further answering sovs
tlms at the time nf the execution Of thc DC rcr-
lncuts hereinafter mentioned, md at tic t,uIc
OF tho pnytlcut Of thc $lS31OJ.75, as hrrc1,,-
after mentioned, It had no notice whatever of
nny tIcfni1it on tI,u part OF thu said Denver 4;
Nlo Grautle Rai,wny Company In tic pnymcnt
Of It's interest or any part thereof, md tl!s de-
san,a VIVA frultluIrntly rouccnIctl fron1 thIs do.
fcnInnt nv tl,t. nrcnt ,tri soltr,Dr III catnn)nIr
nt.t. for Tic ntrpusu ct inducing this dcfendunt
10 cytcr Into said agreements Hereinafter men
tIurcu, apI fo make sad tjaytIlcut,
And tlljs dcicptiant denies that there Is anv
s,,ch nrov,stut1 uf tEe Co,stItutio,, or Inv, tjf
inc State OF Colorado. or polry OF said State.
ns is in spid hill alleged,
cccdn: in thu nature Of auo warraIltU was it,
stitutGd br tie Attorney t;cucr:I Of Tue State
nj (,oinrmio. for nllI ot, Eclini of ti,n nTnn Of
Fnid State, Il, The District Court of lie Stnto III
t:nlurn,l,. In nnd fnr lin Cnuntv of Ei rosn>
rcoairl1,. tits icicut.aut to show br what war.
rnut nntl authur1sy It wis exercising fts rorn0-
rnto franchisos To-. orcrato n railroad In
suid State, nl.,i 10 charge tolls for tronsporto.
this defendant lt1ly appeared and submitted to
,he furlB,ijrllo, oi tlIc Court, uu1 dc,nurrcd tO
thr ttnnjnln then nu,l fhcrc cyhlhltcI avninst
it I,y ti1e said Attorncy.G General o[ liz State Of
Colorado, uud tint tlcrc,pon such nroccc,ij,ps
we're lad TINT on OF nDout Tic - day Of
AprtJ, 1870, a Judgment Of custer wns cntsred
thereon nratlst this ilcfc{jant,
Dut this Defendant saws t,t the said proccc.l.
Ing was fraud III its itvcptior,, ti,u Judgment
therein fur tie eolnpiairont was ,raud s1,j, as
it is informed pm believes, corruptly nr,w,rrgI.
md thni sntI judgement has hccu s1ncrsndcd hy
nm ortlrr Of the Suprcme Court Of mid Htaic.
md thut saitl Suprcino Court hus practically DE-.
rttir,, lint thcre was no worrn,,t IN Tho nn1t NJ
th. Acknowledgement nj sni,j Efnin ia IIIimt
,nj,l information in tho nanncr and forn n,
which it was ed, nor OF, tlvr nart OF the Judge
fnr lin Judgment rendered. II, snfi ca,ist.' ,,iui
ij1at tIc wf1oiu proceedInr was n frnliil,irnt
al,,,se Of thr powrra al fho Comrt for ,im, MIR
pose Of hnrassi,c and onnoyInt. this defendant.
TI,is ,,efrn,laut further a1,swcrn snva lint Il
1puirs tint thc saii Dnnvrr K TiIn 1;r'n,ir Raiis
wuv was. ot, fhe 1Iitl1 i1nv nj D,Tcmher. ira in
thnro,,rh working urlcr and cnniittto,' and nd".
n,,ntely ctu,iuncI with Inotiya ,nyrrr. rnlinS-
stnrk. mnclItncry. tools. materials nrti sunnes.
n,,ll Glso will, yidc-trncks, dcpots. md Other
strnctt,Tcs liz il in said hjti olfcTrd
iii, aeien,,ant II aGnts ,l,at L Chains The nos-
session Of snii railway md property under thu
thMt tI,e said Denver (. Rio flr1msIc W,,lwnt.
Con,pa,,y had fulI nosur uti,i auttloritv mu,lcr