The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-09-06

sAlu road as might De provided from
time TO time by law. Acts 1S6s-67.
page 645.
On the 2lst day of July, 1870, there
was passed an act changing the name
of this Raidroad Company to that of
the Selma, Marion and Memphis Rail-
road Company, and said company was
authorized to receive, in the way of
subscription to its capital stock, lands
lying anywhere with the State Of Mis-
sissippi.
On the 18th day of March, 1872,
there was passed an act to facilitate
the construction of the Selma, Marion
and Memphis Railroad, by the third
section OF which ii was enacted that
all lands which had, before that time,
been purchased by. or forfeited to the
State Of Mississippi, for taxes due and
unpaid thereon, and which have been
sold to said Selma, Marion and Men,
phis Railroad Company by the original
owners of the same, shall be sold to
said Railroad Company by the Audi
tor Of Public Accounts at two cents
per acre, upon the presentation of sat
isfactory evidence of titles to said land
10 said Railroad Company from origi-
nal owners, and satisfactory proof that
not less than twenty-five miles Of said
road has been constructed. Provided
the title to the lands shall have been
conveyed by said owners to said CON-
pany prior to the passage of the act,
and that in all cases where the said
lands had been forfeited to, or pur-
chased by, any of the leyee boards in
the levee districts in this State in
which any of the lands lie and are now
held or claimed by the levee boards
tor the non-payment of leyee taxes,
and where the title Is held by said
Railroad Company, said levee boards
are required to arrange for the pay
ment of said taxes by receiving in
payment of the same any of the bonds
of the levee board. Acts 1872, page
31S. On the 18th day of March, 1878,
the Selma, Marion and Memphis Rail-
road Company paid to the Auditor of
the State two cents per acre for the
lands embraced In this suit and took
from him deeds of conveyance there
for. This Railroad Company was con-
solidated with the Selma, Marion and
Memphis Railroad Company of Ten
nessee and Alabama and this consoli-
dation was ratified by an act Of the
Legislature passed on the 9th day Of
March, 1878, entitled can act 10 amend
the charter Of the Selma, Marion and
Memphis Railroad Company" No
previous law was passed authorizing
the consolidation, nor docs 1t appear,
upon the face of the ratifying act, un-
der what charter the consolidation
took effect, or what were the rights,
privileges and immunities accorded to
the company by the act Of consoIida-
ton. ACTS 1879, page $40. The lands
involved In this suit are those claimed
to have been purchased from the orig
inal owners under the act of July ri,
1870, which authorized the purchase
of lands situated in any part Of the
State of Mississippi, and under the
provisions Of the act of 18th of March,
1872, authorizing the sale by the Audi
tor TO the Railroad Company at two
cents per acre. The title to the other
lands held by the company need not
therefore bc considered. 1t Is admit
ted that the title to these lands was
vested In the State OF Mississippi by
patents from the United States under
what is known as the swamp land act
of Congress, and that the same have
been entered under the act Of the Leg
islature of this State, approved March
I'd, 1854, entitled "an act to provide
for the further issue of swamp land
script for the purpose of aiding in the
completion Of the leYees upon the
Mississippi River,e aud that patents
have been issued therefor to the enter
ers thereof. The title deeds, filed a.
evidence in the cause, show that thu
parties, or their assignees, have con
veyed to the Selma, Marion and Mem
phis Railroad Company most Of th'
lands described III the bills. Th'
greater part Of these conyeyances hea
date at different times during the yea
1871. The deeds recite that the land
described in them were sold and con
yeyed in payment for capital stock il
said Railroad Company, The deed
from the Auditor Of the Slate to th'
company, filed as evidence, show tha
these lands were forfeited to the Stat
for non-payment Of taxes, and wer
sold therefor and purchased by th
State. and that they we're sold by tn
said Auditor to the Selma, Marlol
and Memphis Railroad Company .
two cents per acre under the prov
s,ons of the act of March 10th, 1877
ON the 18th day of March, 1871, th
Selma. Marion and Memphis Railroa
Company executed and delivered t
Porter King, Ahram 5. Humphrey
and J. NJ. Hill It's mortgage, or decd Q
trust, conveying to them as trustee
all the property, real and persona
franchises, rights and privileges the
owned by said corporation, or to b
by II afterwards acquired, as securit
for the payment of certain bonds, W.T.
interest coupons attached, issued b
the authority of the said corporation
and which were transferred to bon
flde holders. Said King never acccp
ed said trust, and said Humphrey
some time afterwards died. The
places were filled as authorized b
said mortgage or trust deed, by u
substitution Of J. W. Fant and A.
Coleman. who accepted the trust, on
continued to act as trustees until sal
evaporation ceased to perform its fun
lions. On the 18th day Of Decembe
ga. Luke p. Blackburn Of the Sta
of Kentucky, who was the owner al
holder of five of said bonds, being
the denomination of one thousar
: dollars each, with matured intere
counous ATTACHED, amounting TO mo
tban flyc hundred dollars, filed bis b
IN tbe Circuit Court of the Unite
states. for the Western District
, ,, Tennessee, against SAID corporate,
: : and trustees, and q portion oil u
! holders of like bonds and coupon
payment of the interest thereon Il
having beeu made, for the purpose