The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-02-10
, NOTION TO AMEND THE ORDER OF SALE.


eral Butler. on behalf Of the Atlantic, Mis-
sIssippi and Ohio Railroad Company, and
Attorney-General Field. on behalf OF the
Commonwealth OF Virginia, submitted the
following notions
United States Circuit Court Eastern District
OF Virginia-Skiddye et ais as. The Allan
lie. Mississippi and Ohio Railroad Com
pany:
RICHMOND, Va, February 9. 1881.
And now comes The defendant Railroad
and moves the court that the decree and or
der OF sale may be amended as may be me-
etssary, and especially in the twenty-nintb
article thereof, which directs the master 10
sell the whole property and interests Of said
defendants In said railroad as therein de-
scribed for cash-one hundred thousand
dollars TO be paid down, aud the balance OF
the purchase-mOney TO be paid within
thirty days, thus causing the sale OF
the whole property TO be for cash; be-
cause the defendants say that the only
amounts due and payable, according TO
the report OF the master, are for delayed
| interest and costs OF suit, and that the
mortgage bonds are not due for term OF
wears, as therein set forth; that the sale for
cash bv the master would tend TO prevent
the property Of the road from bringing It's
worth, and as the decree now makes all the
bonds due for the purposes OF the sale, u
/ leaves the owners OF the bonds rs snb>tan-
tally the only bidders for the road, they
having 30 great an advantage, because any
other purchaser must raise at once 20 large
an amount OF money.
Wherefore the defendants pray that the
decree nav be amended allowing the sale to
| be for such sum a. said property snail be
struck OF for 10 the highest bidder, and that
efier the sum shall be ascerlalned necessary
: to pay the present Indictment OF The road
due and payable, and secured by said
mortgage, aud the casts, the payment
Of the remainder OF thai sum may
be on credit or a deferred payment
equal to the time at which said bonds may
become due, at a rate OF interest equal 10
that on said bonds, 20 that The interest on
the deferred payments would cancel the IN
tcrcst and coupons on said bonds; or that
said decree may be reformed IN such other
manner rs to the Court sdIll seem meet to
meet the PRAYER OF this motion.
The ATLANTIC, MISSISSIPPI AND ONO
RAILROAD COMPANY.
By their solicitor. B. +. ButlCr.
Skiddy. &c., rs. Atlantic, Mississippi ana
/ ONO Railroad COmplny.
HIS hlN CANT lltt lflili VI ' -
einia, by her Attorney General and moved
the CONT TO 20 amend or reform tn" decree
Of sale in this cause a. TO require 10 he
paid down in cash on the day OF sale, or
! within thirty days thereafter. only 20 much
money as will be necessary to pay the costs
OF suit now unpaid, and al the interest
row due and IN arrear upon the bonds cf
the defendant company, lhe principal OF
SAID bonds, according 10 the terms Of the
ronds and OF the mortgage to secure their
payment, not being get due and demlnda-
/ bic. JAMES Il. FIELD,
Attorney. General.
ARGUMENT or THE MOTIONS.
General Butler. Attorney General Field,
and Judge W. J. Robertson spoke in sup
port Of the motions, and Mr.. Choate and
judge Sbipman opposed them.
The Court. after a brief conference, de-
lived, through Judge Hughes, the follow.
iny negative decision on the motions:
THE DECISION DENYING The MOTION.
"The decree already passed states what
is to be sold and the method OF sale, and
determines the rights Of the parties, and
after 80 long lime since its fling and the
advertisement OF the sale provided 10y it.
and on the eve OF :he sale. the Court Will
not alter II, 40 objection 10 it having been
made heretofore by any party thereto.
Ii there is any difficulty created by its
| terms in the bidding, and it cIn be shown
| after the sale that bidders were hindercd 10y
any Ob>cuIlty in il OF har>hne>s OF it, terms,
the party suffering from that deiect can come
! into court and object to the ratification OF
! the sale on that ground.
If the decree a. It now stands results in
a sale for an inadequate price when the
! Court comes 10 consider the mas er'S report
OF sale. then will be the proper time for
reaching the objection now urged.
"In general, we think we have no power
| to amend the decree in any particular after
50 long time has passed since it was pro-
nounced."
THE FORMAL ORDERS.
Al the request OF the counsel for the
| foreign bondholGcrs the following formal
orders were entered:
samuel l.. VI. BlrloW and William Batter
Duncan. surviving trustees, rs. The At
lanuc, Mississippi and OHIO Railroad
Company and others.
Upon reading and filing the petition Of
the defendant, the Atlantic. Mi>>S>iDpi and
Ohio Railroad Company, verified 10y Wllilm
Malone A. president. and flied on the s'h
day of February, 1881, praying Ia open
the decree and 10 postpone the sale
OF the defendants property hereto
fore ordered to be sold under the
decree herein. which sale has been adycr-
tiSed by the master for the 10Th day Of Feb
ruary instant. aud Tor other relief. and afier
hearing Mr. Choate and Mr. Shipmar for
thc plaintiff, IN opposition 10 the prayer Of
said petition, and Mr.. Butler for the de-
fendant company in support thereof. and
due delibcrlilOn having been had, II l.
Ordered. That the PRAYER Of the said pc.
tition be, and the same j. hereby, denied.
lIUGH l.. BOND,
Circuit Judge;
ROBERT w. HyGHFS.
District Judge.
4 true copy-Tes'c:
W. +. PienSantS, Clerk.
At n stated term OF the Circuit Court Of
the United States. held at Richmond, IN the
Eastern District OF Virginia. in and for the
Fourth judicial circuit, on the oh day Of
February. 1881. (prcseEt, Hon Hugh l..
Bond, circuit iudgt; Hon. Robert W.
Hughes, district Judge, ,)-SamueAL.s NJ.
Barlow and William Butler Duncan, tru,-
tees. rs. The Atlantic, Mississippi and OHIO
Railroad Company and OthtrS-upon read
inc and filing the motion in wiring on the
part OF the Commonwealth OF Virginia, this
day presented, asking for modification OF
the 29th paragraph OF the decree herein, 30
as TO provide for the sale OF the property
under the decree to be made for cash only
as TO the amount due for unpaid coupons
on the consolidated bonds and interest
thereon and costs, and upon credit Tor the