Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-12-18
THE RAILROAD SALE.
JupaK wRLLFoRD Asked TO ENTER A
DECREE IN THE ALLKoHANY CASE.
gsms OF the Creditors Object and the Natter
Postponed for an Amended state
nsnt-other Matters.

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7. johnson, adminslrAtrix OF William y.
johnson, was allowed 70 Gle her petition set
ting M a judgment for $4,000 and interest
stsrs55ss against the Richmond and Ale
glSaT Railroad Company, rendered by the
supreme Court Of Appeals last April
Colonel william g. Pttslt, Of Fiuvanna' ana
wins r. smiih, Esq. OF ,his city, are coun'
eel for the petitioner.
TIA rN POSED SALE.
Colonel W. ". Gordon and Mr. r. II.
Christian, counsel for the Reorganization
Committee and the trustees oi the nrst ana
seco,d n,or,gayes Of the Richmond and Ale
e,h.rv ,siroad sskcd the Court to enter a
decree Of sale appointing 4. L. Leland a
commi.sl,ner fo sril, &c, which paper wa.
submitted SATURDAY.
Al.fon Cabell and Willis B. Smith,
counsel for certain holders % James River
aud ksnawha bonds and other creditors,
noted exceptions 10 portions OF the decree
aud excepted 10 the report Of debts and
liens, and demuued 10 plaintiffs bills In both
causes.
TIE EXCEPTIONS.
The exceptions were:
l. Thai tae Commissioner made no report
IN regard to mortgage for Sf00, 900. duly
pawha COfnnany. In which j. A. Meredltb
and j. ~. Carrington were trustees.
2. That the Commissioner made no report
Is 10 a mortgage on the Buchanan ana Cn-
ton Forge railroad for 100000 TO r. w. Nc
CInce and ". 4. Gordon. trustees, and thai
TIE trustees had not been made parties.
@ That the first and second mortgage
bonds and INC mortgages % secure the same
oi ,hc Richmond and Allegheny railroad
afe null and void and contracts contrary to
public policy On containing m each bond
and mortgage provisions that no stockhoder
shall ever be liable i0r the debts secured.
4. That The Commissioner reports several
millions OF dollars due Crosson and Hays and
Shcihar and Seney. That .aid parties were
directors and officers OF The company snd
responsible for the issue OF s4,9i0.000 Of
stock Tor which the company received no
equivalent.
TIE DEWrngER
The demurrer submitted raised the same
points and question as to the jurisdiction
OF the CIcWt Court ~ this city under the
law. The act allowing the sale and contract
between the james River and kana1ha Com
pany and The Richmond aud Allegheny rail-
road provides thet the Circuit Court OF tho
city Of Richmond shall have jurisdiction IN
al suits 10 enforce said contract.
Defendants say that these suits are not TO
enforce this contract. but contracts between
the railroad company and the trustees and
holders Of bonds Of the mortgages.
ovrRRuLrD-sUs1AINED.
The Court oyerruled tho demurrer and
suqrnned some OF the exceptions, but an
nuncod thai the clients of Mcssrs. Smith
and Caben mi ght be protected in their rights
by inserting suitable provisions IN the decree
Of sale. Bui Messrs Gordon and Christian
fiually agreed on taking recommiiial oi The
report o. debts. and that speedy report
fhouid be made.
one Of the main objections 10 the decree
Of sale is thst IL proposes TO sell the road
subject tO the first and second Hens, amount-
lug 10 s3j, 600, instead Of providing Tor Their
payment.
II is thought that the matter will come up
again tomorrow.
ORDER sTRrCS OFF.
Messrs. Cabell and smith further asked 10
have the order entered on the sth september.
1sss. in vacation. which allowed the issue Of
SIgU. 900 m receivers certificates, struck from
the records, because II had been entered by
mistake without the consent OF ali the par
ties.
Tho court decided 10 do so, but will enter
an order lupc pro tune, and the receivers
will Dee directed to make rcportoi certificates
issued under the order.
TOR TlF DEFENDANT.
A jury was cmpaneled In the Circuit Court
Yesterday tO determine whether certain
check or bond ina the hands 81 the City Trca-
surer is The individual property OF MIR. G. T..
Belvin or that % the Richmond and Chesa-
neake railroad Of which he Is president
In suit against the company for services
rendered Mr. Percy g. Courtney obtained a
verdict and Judgment for the amount
claimed by himself. and lie instituted garni-
shee proceedings to have his claim paid out
of this amount in the hands ot the Ciiy
Treasurer. which he supposed was the money
Of the company. Mr.. Beyin held that the
check wa. his personal property, and the
jury decided iu his favor.
one small suit was instituted Yesterday.