The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-06-16

The following is the full text of Judge
Colts decree in the case of the Mercantile
Trust Co. VS.. the Portland & Ogdensburg
Railroad Co. ct ais
This cause coming on to be heard at this term of
court, 1t appeared to the court that all the re-
sp0ndents had answered. pleaded or demurred
and been fully heard except Philip Henry Brown
and Luke P. Poland; it also appeared that neither
SAID Philip Henry Brown nor Luke P. Poland
New Hampshire or had" had voluntaG % Appear APPEARED ID
herein, but that said Philip HeEy Brown and
Luke p Poland each had been duly ordered to
plead answer or demur to this bill on or before
the twenty-ifth day of June in the year of our
Lord eighteen hundred and eghty-four and that
notlce OF said order was duly served upon said
Philip Henry Brown and Luke p. Poland more
than fourteen days before said twenty-ifth day Of
or entered a en- sao pa upon OF motion there ere
year of our Lord eighteen hundred and eighty
five, was on the tenth day of March in said year
Luke F. Poland and Philip Henry Brown and
thereupon this court did entertain jurisdiction
same manner as if said Philip Henry Brown and
Luke L. Poland had been served with process
within said district Of New Hampshire.
And whereas all the parties aforesaid except
said Philip Henry Brown and Luke 7. Poland,
nave have been heard by their counsel, and none of
them object to this decree;
And whereas it appears by the report of Jere-
mlah Smith Master, which was filed on the second
Gay OF May in the year of our Lord eighteen hun
dred and eighty-five and afterward duly accepted
and confirmed, that the amount required to be
paid ON the said second day of MAY by said Port
land y Ogdensburg Railroad Company, or persons
claiming under it, to redeem from the mortgages
set out In this cause and held by Nathan Webb,
Weston I. Milliken; and Horatio N Jose, is one
million five hundred ninety thousand. seven hun
dred aud forty-four dollars
NOW therefore, upon consideration of the prem
ises, It is ordered, adjudged and deereed that
there has become due and payable upon the bonds
given by said Portland & OgdenSburg Railroad
Company and secured by the mortgage from said
company, dated the first day of November i'll the
year of our Lord eighteen hundred and seventy
one, and by the other mortgages hereinafter set
out, the said sum of one million five hundred
ninety thousand, seven hundred forty-four dollars,
and the same is still owing by said Portland &
Ogdensburg Railroad Company, and is secured by
failure ns,, 10 pay the sum heretofore due
as aforesaid is a breach of the conditions
of the mortgage aforesaid and of those hereinafter
more partlcularly set out; so that unless said
Portland Ogdensburg Railroad Company, or
persons or corporations claiming by, through or
under it, shall within the time herein fixed, pay
said sum OF one million five hundred ninety thOus-
and seven hundred forty -four dollars as aforesaid
and such other sums as may meanwhile come due
upon the bonds aforesaid said Portland & Ogdens-
burg Railroad Company and all other persons or
corporations claiming by, through or under it,
ought to be fOrecl0Sed and forever barred from
redeeming from said mortgages.
1t is thereupon further ordered, adjudged and
deereed by the Court, that said Portland s. Ogdens-
burg Railroad Company, or persons or corpora
tons claiming by, through or under it, may within
six months hereafter pay into the registry of this
Court said sum of one million five hundred ninety
thousand, seven hundred f0rty-four dollars being
the amount overdue and PAYABLE as aforesaid to
be distributed by this Court to the persons entitled
to receive the same, and may likewise pay into
the registry of said Court all other sums coming
due and payable within said six months as afore-
said said latter sums to be likewise distributed by
said Court to the persons entitled to receive the
same; and that in default of such payments by
persons or corporations claiming by, through, or
under it. whether of said sum of one million five
hundred ninety thousand seven hundred forty
four dollars already due and payable as herein
before set out, or of said other sums coming due
and payable within said six months, said Portland
& ogdensburg Railroad Company. and all persons
it, shall be and are forever barred and
foreclosed from redeeming from any Of
from said Portland & Ogdensburg Railroad Com
pany to Samuel e. Spring, Weston F. AIilliken
vember, in the year Of our Lord eighteen hundred
and seyenty-one, and to Samuel E Spring. Weston
I: Milliken and Nathan Webb, dated the first day
of April in the year of our Lord eighteen hundred
and eighty-two, and to Samnel E. Spring, Weston
7: Milliken and Nathan Webb, dated the 18th day
of May, in the year of our Lord eighteen hundred
and eighty-two, and to Samuel E. Spring, Nathan
Webb and Weston F. Milliken, dated the twenty
fifth day of February, in the year of our Lord
upon said Weston F. Milliken, Nathan Webb and
Horatio n. Jose, as trustees, said Jose being the
successor under said mortgages of Samuel E.
SPRING deceased, their survivors, successors and
assigns shall and do become as such trustees alb
Solutely the owners Of all the railroad of said
Portland y Ogdensburg Railroad Company, locat-
ed and to be located in Portland, in the State of
Maine, and thence to its termination at the west
ern boundary line of the State of New Hampshire
and of all the stations and fixtures appurtenant
thereto and of all rights acquired by lease or
contract in any railroads forming any part of the
through line from Portland to Ogdensburg, and of
all lands and tenements ever taken or held by
said Portland Ogdensburg Railroad Company
for the purposes Of its railroad, and Of an the
franchises of said Portland & Ogdensburg Rail-
road Company to build, maintain ard operate said
railroad. granted by said States of Maine or New
Hampshire, and of all the ears. engines or other
movable furniture, machinery and pUuiDmnOt9 of
said railroad and of all other personal
property prop appertaining to or connected
railroad and machinery thereof and of all the
privileges and appurtenanees thereof or belong
ing thereto, and of all other property, franchises
rights and privileges conveyed or Intended to be
conveyed by said mortgages or any of them, sub
lect to the prior mortgage from the said Portland
Ogdensburg Railroad company dated the first
day OF November in the year of our Lord eighteen
hundred and seventy, and to the liens and
liabilities which have been or may be created or
incurred by Samuel j. Anderson, appointed in this
cause receiver of said railroad and its appurten-
ances, or by his successor; but free from all
claims and rights of the said Portland & Ogdens-
burg Railroad Company, or persons or corpora
tons claiming by, through or under it, to redeem
the same or any part thereof from said Webb,
Milliken and Jose as such trustees, their sue
cessors, survivors or assigns
And it is further ordered, adjudged and decreed
that the said Portland & OgdenSburg Railroad
Company, and all persons and corporations claim
ing BY through orlunder it, be ordered unless it or
they shall pay said sums aforesaid within the
time aforesaid, to execute from time to time as
may be requested all such deeds and other in
Struments, as may be from time to time found de-
sirable to give full effect to this Decree or to the
intentions of the same; and that said Portland
& Ogdensburg Railroad Company, and all persons
and corporations claiming by, through or
under it, except persons and corporations
claiming by, through or under said re-
ceiyer or by, through or under said mort
gage dated the first day of November in the year
of our Lord eighteen hundred and seventy, be
perpetually enjoned and restrained from claim
ing or setting up any claim or title adverse to the
title OF said Webb, Millken and Jose as trustees
their successors, survivors or assigns
and from claiming or setting up
any claim or title inconsistent with
an absolute and unconditional title in the said
Webb, Milliken and Jose as trustees, their sur
vVors, successors or assigns unless said corpora
ton or persons or corporations claiming by,
through or under it, shall spay said sums
within the period of six months aforesaid
And it is further ordered adjudged and decreed
that the parties hereto and said receiver be at
liberty to apply from time to time for directions
with reference to said receiver and his possession
Of said railroad and: its appurtenances, and the
CURED by him, and with reference to the duties,
said Webb, Milliken and Jose as such trustees
and that the bill be retained for such further di-
rectionS.
(Signed) LIE BARON B. Colt,
u S. Circuit Judge.
(Signed)
DRUMMOND & DRUNMoND)
j. S. H. FRINK, Solicitors.
VIM. L. PUTNAM