St. Paul daily globe., 1893-05-07
A NOTED CASE ENDS.
Final Settlement Of the Min
neapolis & st. Louis Road
Litigation.
Judge Lochren Renders His
Last Decision on the Hen
nepin Woolsaek.
The Result Is a Somewhat
Divided Victory for the
Many Interests.
Liens Finally Decided, and
Immense Attorney Fees
Parceled.


long-contested railroad case of Henry
Seibert. trustee, successor to the Cen
tral Trust Company, of New York.
trustee, against The Minneapolis q st.
Louis Railway Company; The Fidelity
Insurance, Trust and Safe Deposit
Company; The Central Trust Company,
of New York; The Farmers Loan and
Trust Company; The Chicago, Rock ISL
and 81 Pacific Railway Company, The
Wisconsin, Minnesota & Pacific Railway
Company; The st. Paul & Duluth Rail-
road Company; The Taylor's Fails and
Lake Superior Railroad Company; The
Burlington, Cedar Rapids 81 Northern
Railway Company; The st. Paul &
Northern Pacific Railway yCompany; The
Northern Pacific Railroad company;I The
Chicago st. Paul, Minneapolis q
Omaha Railway Company; The Des
Moines & Fort Dodge Railway Com
pany; The Minnesota Transfer Railway
Company; J. r. Parshell, Thomas
German, Administrator of the estate OF
Henry German, deceased.
The action was brought to foreclose a
mortgage Of So, 8S7, 900, and to sell the
road to satisfy other large mortgages
and claims held by other defendants.
The action was begun in June, 1888,
when w. II. Truesdale, of Minneapolis,
was appointed receiver of the Minneap-
oils IL st. Louis road, and since which
time he has managed and operated the
road. and has accumulated surplus cash
amounting to about $S0O.000. The court
decides that the plaintiff shall not be
permitted to fOreclOse any but its own
mortgage.
Liens Established.
The liens aScertained in the decree of
Judge Lochren are as follows: The
Fidelity Insurance, Trust and Safe COM
pany has first lien Oh forty-tWo miles
or the road, extending from White Bear
lake to Merriam Junction, in the
amount of $735, 600; the Farmers Trust
company a first lien on eighty-one
miles of the road, extending from Mer-
riam junction to Albert Lea, and a sec
ond lien on the branch from White
Bear to Merriam Junction in the sum
of 81, 100000.
The Central Trust company, under
its Iowa extension mortgage. is given
first lien Oh 102 miles of road from
Albert Lea to Fort Dodge, To-; second
lien, subject only to that of the Farmers
Trust company, Oh the road from AL
bert Lea TO Merriam junction: third
lien on the road from Merriam junction
to White Bear in the sum of 81 ,O15, 900.
The Central Trust company is given,
under its southwestern extension a first
lien on tifty-three miles of road from
Fort Dodge to Angus, To-: second lien
on the line from Fort Dodge to Albert
Lea; third lien Oil the line from AL
bert Lea to Merriam Junction; fourth
lien, subject to the Iowa extension
mortgage and the mortgages of the
Farmers and the Fidelity Trust com
panies, and to the extent of $636,000.
Trust COmpany's Share.
The Central Trust company, under
the income mortgage for S500,000, Is
given second lien on the line from
Fort Dodge to Angus, third lien on
the line from Fort Dodge to Albert Lea,
a fourth lien on the line from Albert
Lea to Merriam Junction, and a fifth
lien on the line from Merriam junction
to White Bear. The same company is
also given under its Pacific extension
mortgage lien for 81, 1892, 600 on the line
from Hopkins to Morton, distance of
ninety-fOur miles, and sixth lien on
the line from Morton to Min
neapoliS. Under its consolidated
mortgage of $795,000 bonds which
have been exchanged for Improvement
and equipment bonds to the amount of
$6S7,0 but which still stand as Secur-
ity for the whole issue, the Central
Trust Company is given a second lien
on the line from Hopkins to Morton; a
third lien on the limo from Angus to
Fort Dodge; fourth lien on the line
from Fort Dodge to Albert Lea; fifth
lien from Albert Lea to Hopkins, and
the line from Minneapolis to White
Bear: also sixth lien Oh the line from
Hopkins to Minneapolis.
The plaintiff is given a first lien on
the undivided one-eighth interest in the
stock and bonds of the Minnesota Trans
fer company to all amount of $4,000;
first lien on the undivided one-half of
the Lake Park hotel, amounting to
SIG, 232. A; a first lien on the rolling stock
and equipments, amounting 70 81, 684,-
1882. The plaintiff is also given a third
lien, subject to the mortgages to the
other trust companies who are named
as defendants on the line from Hopkins
to Morton, and from. Angus to Fort
Dodge; fourth lien on the line from
Fort Dodge to Albert Lea; a fifth lien
on the line from Albert Lea to Hopkins;
sixth lien on the line from Minneapo-
lis TO White Bear, and seventh lien on
the line from Hopkins to Minneapolis.
The road is to be sold for the pur-
pose of paying off the claim of plaintiff,
but the sale is subject to the mortgages
of the Central Trust company, the
Fidelity Trust company and the Farm
erS' Trust company, ana also the traffic
contracts.
A remarkable incident in the decision
is the very large allowance made for
attorney fees, not only to the attorneys
for the plaintiff, but also large amounts
to the attorneys for the defense, which
is especially remarkable. Another re-
markable fact is that all these attorney
fees come out of the plaintiff and
amount to S125,O00 in all. A. S. Rapello
and Julian F.Davis, of New York; Judge
John NJ. Shaw, of Minneapolis, the late
Eugene Wilson, of Minneapolis, Thomas
f. Withrow, deceased, and Thomas S.
Wright, both of Chicago, are and have
all been attorneys for the plaintiff and
were allowed $4,000 Attorney Harris
Richardson, Of st. Paul, who did the
great work for the defense and spent
several days in succession with the
final argument, was allowed $50, ,000 as
attorney fees, he representing the Cen
tral Trust company. The attorneys for
the Farmers Trust company are II. G,
Truesdale, of Minneapolis, and Turner
Mcclure and RaWlStOn, of New York,
and were allowed $4,000. The attor-
neys for the Fidelity Trust company are
Woods & Kingman and Arthur M.
Kieth. of Minneapolis, and they were
allowed 5000
Late yesterday afternoon, following
close upon the decision, the attorneys
for the Central Trust company, of New
York, filed papers in an action seeking
to foreclose the consolidated mortgage,
~ y.
Judge Lochren was absent in Washing
ton, the facts OF which have already
been published The specific amount
stated in the complaint is $4,000. 1t is
not thought that the case will ever
reach trial, as the road will be re-
organized before that time, and the de-
cision covers much Of the ground coy