The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-04-14
TIE wITITE SULPHUR SPRINGS.
Suit Instituted for Foreclosure and
haie and Receiver Appointed by
Judge Bond Yesterday.

Before Judge Bond. sitting here as the
circuit Judge Of West Virginia. Mr.. Tabb,
OF Hampton, and Mr.. Tazewell Elicit ap-
pcared Yesterday and filed n petition ask
ing Tor the appointment OF 4 receiver for
the Grecnbrier White Sulphur Springs
Company, setting forth that the same is ne
ccsSary in view OF the character OF the pro-
perty. which will suffer great loss il there
is any interruption OF preparations for the
season. &c., and signed bv w. A. Stuart.
the holder OF $4,000 OF the bonds Of the
company, default in payment OF interest Of
which has been made.
THE COMPANY CONSENT.
Messrs. w. W. Gordon and Isaac II.
Darlington, trustees in the mortgage, and
representing the company, having been
duly notified, were present in court and
consented TO the motion OF petitioner. ex-
pressing their belief that it was the very
best thing that can now be done for the
protection OF all interests.
From questions asked by Judge Bond Il
appeared that the bin had been filed at Par
kersburg that all parties had had due
notice, and that Mr.. Stuart is the holder Of
the vendors lien on The Springs property.
aad is also the owner OF $4,000 OF its
bonds.
JUDICIAL JOKE.
Colonel Gordon presented an order for
the appointment OF receiver, but Judge
Bond did not think it comprehensive
enough, and be suggested that they take
their time 10 prepare another. and he added,
with a smile: . would like 10 have q sug-
gestion Is TO n proper man for receiver.
'Tisn't every man that can keep hotel"
OBJECTION TO JUDGE BOND ACTING.
Judge Hunter II. Marshall at this mo-
ment appeared i'm court and asked Judge
Bond 70 hesitate i'm the appointment Of a
receiver, stating that the White sulphur
Springs property is al this time in the
hands Of a United States marshal. placed
there by Judge Jackson, the United States
district Judge, at the suit Of Hodges Bro
theirs unsecured creditors) recently msti-
tutod by him at Clarksburg.
RIVAL SUITS.
There was quite q lengthy explanation OF
the beginning OF this suit, and from the
statements OF Judge Marshall and Colonel
Gordon il appeared that Hodges Brothers
some time ago instituted suit i'm the United
States Circuit Court at Parkersburg, md
applied for the appointment OF receiver.
Judge Marshall said that he commenced
suit i'm the Circuit Court 80 that Judges
Bond and jackson might both sit, aS he
"knew there was some objection to Judge
Jackson" The motion for receiver was to
have been heard on the 9th.
The company QIon. III. VI. Mathews prcsi-
dent were desirous for Judge Bond to Sit
and asked him TO do 50, and he consented
to hear the ease at Richmond, Thursday the
l4th, and an order 10 that effect was sent
to Parkersburg.
THE MARSHAL ALREADY ~ POSSESSION.
Judge Marshall insisted that he was
treated with professional diScourtcsy in not
being informed ~ to this application for
transfer Of the case TO Richmond, and for
this reason he went to Parkcrsburg and had
his Hodges suit dismissed from the Circuit
Court. Then he proceeded TO Clarksburg
and entered it in the District Court, and
Judge Jackson made an order directing the
marshal 10 take possession and hold the
property. But in the interval between the
dismissal OF the one and the bringing OF the
other suit Mr.. Stuart had filed his bill, and
il was upon this bill and the motion there
under to appoint receiver that Judge Bond
heard the parties yesterday.
WHO gAD THE CASE FIRST, BOND OR JACKSON?
Colonel Gordon maintained that they
Or. STUART had the priority Of action, in
asmuch as, OF the two bills now pending,
their bill was filed and process served first.
Judge Marshall said they (llodges) had
gotten possession Of the property first, and
that that established their priority accord
Ing to certain authorities quoted.
judge Bond said ne did not understand
the law TO be 50 settled.
COLLISION or COURTS DEPLORED.
Judge Marshall, in view OF what seemed
Judge Bonds inclination 10 take iurisdic-
ton. said: II would dcplore any collision
between this court and the District Court,
but will state that the marshal Of the Dis
trict Court is now in possession Of the pro-
pertv. am asking nothing from this
court. All | wish is that your Honor will
hesitate in the appointment OF receiver
THE MATTER OF NOTICE TO JUDGE MARSHALL.
Colonel Gordon commented upon the
fact that though Judge Marshall had de-
clarcd that il was hi, wish that Judge Bond
should sit in this case. as soon a ii was
known that Judge Bond lrdS TO sit the suit
was dismissed and new one instituted in
the District Court. lie claimed that OF the
hearing at Richmond Mr. Stuart hat given
Judge Marshall notice. and Judge Marshall
admitted that he had on Saturday received
such notice, but said that he did not
know Mr.. Stuart in the matter.
COULD JUDGE JACKSON SIT N RICHMOND?
Judge Marshall still maintained that he
had not been treated with due courtesy.
As TO the hearing at Richmond. that was
all well enough as TO Judge Bond, but
JUDGE Jackson could not come here and
sit.
Judge Bond said yes he could; that in a
case where he, sitting in Baltimore, had
appointed receiver for Il railroad IN South
Carolina, the appointment was attacked in
South Carolina. and Chiei-Justce Waite
had declared it legal and good.
COUNSEL TOLD TO WRITE THE ORDER.
Colonel Gordon declared that what had
appeared here this day went TO show the
necessity for the appointment Of areceiyer; !;
that unless it was done these parties would
keep disturbing the property and prevent
the lessee [Mr. PhGbuSl from going on
and preparing for the coming season, and
thus entail large loss upon the company.
After great deal OF other talk as to the
rights OF unsecured creditors, the way the
bonds had been issued, &c., Judge Bond
said $50 on and prepare the order and |
Will look up some matters OF law"
And all the parties went out Of court.
RECEIVER APPOINTED.
In the order subsequently prepared and
approved by Judge Bond it was provided
that the leases and contracts heretofore
made shall be allowed to stand by the re-
ceiyer, by which the property will pass
under the management ard control OF Mr..
Phebus.
Upon the motion OF the unsecured
creditors, which was subsequently en-
dorsed by the petitioner and the company,
Mr.. Aubin l.. BoulwaTe was appointed re-