The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-21

company. Respondent denies that the
complainants have paid any taxes to said
Mississippi River Railroad company in
payment OF any such subscription. As
respondent is informed said pretended
subscription was to be paid by the issue
OF county bonds and the taking OF stock
by the county as corporation therefor,
and Shelby county acting through said
commissioners, pretended to represent
such stock as an entirety. Those matters,
however, all fell to the ground with the
adjudication that the county was not liza
BILE upon its bonds. Further answering
respondent says that about the year 1872,
said Mississippi River Railroad company,
authorized by its charter and the laws OF
the State Of Tennessee SO to act, did con-
solidate itself with a corporation OF the
State Of Kentucky, known as the Pa
ducah Il Gulf Railroad COM
pany, the name of such con-
solidated company being the Paducah q
Memphis Railroad company, which last
named corporation did considerable work
on the construction OF the line OF road
contemplated by the charters granted by
Tennessee and Kentucky to said constitu.
ent corporations, and for tho purpose oil
securing the means TO complete It's nne
did make mortgage OF It's railway mno
and other properties and franchises. This
mortgage was recorded in the registers
office OF Shelby county, Tenn, about
the LIST day OF February, 1872, and Philo
| G. Calhoun and Louis III. Meyer are the
trustees therein named. Thereafter about
the year 1876 or 1877 said Paducah d
Memphis Railroad company being en-
barrassed financially suffered default as to
the moneys secured by its said MORTGAGE,
became insolvent, and in proceeding in
| the circuit court OF the United States for
this and other districts wherein said
trustees and said company were parties,
said mortgage was adjudged to be fore
closed, and under proper DEGREES In those
courts for the purpose said line OF railway
between Memphis and Paducah and its
corporate franchises were decreed to DO
sold for the payment OF the moneys Sc
cured in said mortgage. At the sale under
thisdecree Chas. ]. Canda, J. A. Horscya and
John L. Edmonds purchased said rail.
way line, properties and franchises, and
thereafter, under the laws OF Tennessee,
effected reincorporation under the name
and style OF the Memphis, Paducah x
Northern Railroad company, TO which or
ganization was conveyed said line OF road
originally belonging TO the Mississippi
River Railroad company and said cor
porate franchises. The Memphis, Paducah
K Northern Railroad company, after some
yeam and much endeavors about the COM
plction Of said railway, having also mort
gagged the same and its franchises, suffered
a default and also a foreclosure OF such
mortgage. This mortgage oil the Men,
phs, Paducah & Northern Railway COM
pany Is also recorded In the registers
| m Il H.. ..s.N. Aw.I- nd
are the trustees therein. At this last fore
closure. which was under decree Of the
United States circuit court for this district,
as well as that for Kentucky, said railway
line and franchise were purchased by q.
; p. Huntington, John Echols and III. U.
Huntington, who effected a rcinccrpora-
ton thereof, under the name oil tho
Chesapeake, Ohio & Southwestern Rail
road company, in August, 1881, and this
last named corporation was conveyed by
, proper orders OF said courts and con-
, veyances from said purchasers all
! tho said railway line, properties and
, franchises OF said original Mis-
, iSsippi River Railroad company and its
several SUCCESSORS aforesaid. This Chesa-
/, peake, Ohio & Southwestern Railroad com.
pany aiterward, by purchase and
!, lease, extended its line from Psducah
; to Louisville, Ky. II has never
!. held, owned, used or operated any
{ line OF railroad excepting that between
Memphis, Tenn, Paducab, KY, Eliza
! BEETHOVEN. KY, and Louisville, Ny. About
o the LIST day OF February, 1886, this re.
L spondent effected lease upon said line oil
n railroad OF the Chesapeake, Ohio * South
: western Railroad company, and since that
!, date respondent. ~ such lessee. has been
d in possession OF said line Of road between
: Memphis and Louisville, and has been
y and is now operating the same.
1t These matters respondent sets up and
Q shows to the court rs a cause why II is moi
d responsible to tho petitioners upon or fol
y the demand stated by them in their petit
n ton, and Il denies the statement in the
y petition that said Mississippi River Rail
d road corporation has from time 10 time and
l. nj divers times changed its name
II from the namo under which Il
, was primarily chartered and nov
l. ilourislcs rs the petitioners are informed
u under the name Of the Newport, News 4
L Missippi Valley company, yet Is the SAINT
" rs chartered under the namo OF the Missis
A. sissippi River Railroad, and II denies thn'
y under any or all OF these names this NJ
T. spondcnt Is none the less responsible Il
~ the petitioners Ms holders VI said tax Ger
le lifcatcs, OF that il IL liable by reason o
1t any acceptance Of benefits under the stat
y ute OF change OF name or ownership a
IN hercinabovo related has been done 70
l. said demands Respondents lessor III,
c. Chesapeake, Ohio d Southwestern Rail
G. road company as above set forth, an,
z stated is bona fde purchaser Of said rail
r. way line franchise, etc. under said soy
er cral mortgages and foreclosures and hold
H. the same free and discharged from al
N floating or unsecured debt against sai'
@ Mississippi River Railroad company o
se other antcecdcnt or constituent corpora
I'd tons and 10 respondent sets same up an'
~ presents the same 10 the court IN showing
'e why Il is not liable 10 the PLAINTIFF dc
oil mand.
In