The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-06-26
RAILROAD RECEIVER.
LAWRENCE MYERS AND DECATUR Az
TELL RECEIVERS OF THE ALE
GlIANY COMPANY.
hii OF complaint Setting Forth the
Defaults OF the Company md
Praying Relief from Judge
Wexford.

Upon the following petition Hon. Bev.
erly X. Wexford, Judge OF the Circuit
Court for Richmond, has appointed recely-
ers OF the Richmond and Alleghany Rail-
road Company-the company which built
the railroad upon the tow-path OF the
James-lsiver and Kanawha canal and be-
tween the city OF Richmond and Clifton
Forge:
To The Hon. -Bererley X. Weuford. Jr..
Judge Of the Circuit Court Of the City OF
Richmond.
Your complainantS, Ashbel Green and
Thomas ;. Bocock, trustees, as hereinafter
mentioned, respectfully say that the Rich
mond and Allegheny Railroad Company. a
corporation created by and existing under
the laws Of Virginia, did on the 9Th day OF
Marcn, 1880, execute TO Henry VI. Alexan-
der and Henry X. Ellysoh deed OF trust
or mortgage conveying all its works, pro-
perty, and franchises, rs well as the rents,
tolls, issues, and profits arising thcrefrom,
to secure the payment Of the principal and
interest coupons OF 5000 bonds OF the
company of $1,000 each, bearing 6 per
cent. interest, payable semi-annually in
gold on the 1st days Of July and January
OF each year. A copy of the said mort
gage or deed OF trust is herewith filed and
marked Exhibit A, and prayed to be taken
rs part OF this bill.
OF the bonds so secured, about 1925
were actually sold by the company. and
are now in the hands Of 6ond-fde holders
for value. The remainder OF the 5000
are believed to be in the hands OF various
persons holding the same as cOlaterals for
money due by the company; but whether
and to what extent the same will constitute
lien upon the mortgage premises, COM
plainants cannot say until the account Of
liens hereinafter prayed for shall be taken
The interest due upon the bonds sold as
aforesaid has been regularly paida maturi-
ty as the coupons were presented.
COmplainants further say that after the
execution OF the aforesaid dced--tO wit,
on the 9th day OF April, 1Ssl-the said
Richmond and Allegheny Railroad Com
pany executed a second mortgage or deed
of trust to your cOmplainants as trustees,
conveying the same works, property, fran
chseS, rents, tolls, issues, and profits
which had been conveyed by the deed Of
March ), 1880, and upon the same terms,
conditions, and trusts, but for the purpose
Of securing 1900 bonds Of $1,000 each TO
be issued by the Company.
\ copy Of the said deed TO cOmplainants
is herewith filed, marked Exhibit y, and
prayed TO be taken as part Of this bill.
by reference thereto it will appear that
the conveyance embraced the
Railroad of thesald party Of the first part con-
slrucied or 10 be constructed !-nning from the
state of Virginia. along the line Of the James
Myor ana hanawha canal by way of Lynch
burg. IN the county Of Campbell, 70 Bu-
ciahan, In the county Of BOtctOurt. and
thence 10 Clifton Forge, in the county Of Alle-
ghany. and the extension of said railroad con-
structed or 10 be constructed To the West Virginia
De constructed. including MS North rver or Lex
lngton branch and its RIyanna-river branch, and
Buchanan and clifton Forge Railway Company;
aud also all lands, tenements, hercditaments =
&c, &c, &c. land all other property. real, per-
sonal, or mixed, now held or which may hereafter
he acquired for sr in connection with tie con-
structiOn. operation. maintenance, tcparatiOn. or
replacement Of The said railroad. the said eXten-
sion Thereof, or Its several branches" &C. &c.
And AZ rights powers privileges, aud franchises
now held or hereafter acquired ny the said party
Of the first part connected with or relating 20 the
said railroad. Tie said extension thereof. or It's
several branches, or any of them. or the use or
Purposes thereof, and all corporate franchises Of
every name and nature relating TO said railroad,
the slid extension thereof, or It's branches or any
Of them," &c q, sc.
And also all the property, works. and fran
cli~C- acquired DN tlc party OF tc Ir-t part
from the James river and kan3wha Company. M
cludihg all tie lands" &c. &c. &c. And all
other property, real personal or mixed. whether
now held or hereafter acquired. belonging or ap-
pertaining 10 the said canals, whavcs. docks or
the said North-rivcr improvement, or connected
with the completion, construction, equipment,
Improvement. maintenance. or operation thereof
and all tolls incomes, issues, and profits to be had
or derived" &C, &c.
TO have and 10 hold the property. rights, and
estate hereby conveyed. or INTENDED 10 be- con-
Il H.
mainders. tolls. rents. issues, and profits. priyi-
lcgcs and appu-ienances now or hereafter be-
longing or In anywlsc aUpcriainng thereto" &c.
' In trust. nevertheless for the persons and cor
p0rati0ns. films, and partnerships and for the
benefit security and protection Of the persons
and corporations. firms. ana partnerships who
shall hold the bonds and inicrcst-Warrants afOIc-
said. or any or either Of them. and for enforcing
the payment thereof when payable. IN accordance
with the true intent and meaning of the stipula-
tiOns of this deed ana Of said bonds and interest
warrants. subject rs hereinafter set FORTH
The said decd further provides that until de-
fault shall hc made I'm the payment of the priucl
pal or interest of the bonds hereby secured. or
some Of them. or in respect 10 something hereby
required To be done, observed. kept or performed
hy the party Of the first part, the party Of the first
part shall bc suffered and permitted 10 possess.
manage, operate, and enjoy the hcrcinbcfOrc de-
scnbed railroads. canals, docks. wh1rVes, rights
franchises, and other property real and personal,
with the equipments and appurtendnc0s thcreuntO
belonging. and 10 receive and use the tolls. in
come, rents issues, and profits thereof in the same
had not been made
Complainants further say that after
wards-to-wit, on oath Of May, 1SSl-the
said Richmond and Allegheny Railroad
Company eXecuteda supplementary mort
gage to your complainants Us trustees, for
the purpose OF authorizing a change in
the form Of the bonds prescribed by the
deed OF 9th day of April,
1881, above mentioned, by which said sup
Elementary mortgage OF May "a, 1881. il
was provided that the bonds secured by
the said second mortgage might be issued
bv the company and certified by said trus-
tees either i'm the form set forth by the deed
OF 9th OF April, 1881, or in the form set
forth in the said supplementary mortgage
OF May "a, 1881, and that the bonds in
either form should be considered good and
valid bonds, secured under and by virtue
of the said mortgage Of April y, 1881. 4
COPY of said supplementary mortgage"
Is herewith filed. marked Exhibit {, and
prayed to be taken as part OF this bill.
The 1000 bonds Of 1000 each, secured
bv virtue OF the provisions OF the second
mortgage Of 9th day OF April, 1881, and
OF the supplementary mortgage" Of oath
of MAY, 1881, (part being in the form pre-
scribed by one deed and part in the form
prescribed by the other,) have all been Is
sued. They are payable in gold coin on
the lst day Of May, 1916, with interest
payable likewise in gold coin on the 1st
day OF November and the lst day OF May
~ each wear. Two thousand nine hundred
and sixty-four Of said bonds have actually
been sold, and are now in the hands OF
bona-fde holders for value. The remain
der are the property Of the company, but
held by various persons as collateral for
debts due by the company.
Complainants further say that the inter-
est unon the 1854 secOnd-mortgage bonds
has been regularly paid at maturity, as the
-. ,,,o,.s ,,rasonfad untii the iSt laV