Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-02-10
RECEIVERIN CHARGE
CONSENT DECREE ENTERED IN THE
MOzART-ACAoEMY SUIT.
Mr.. Cahiii VIII Continue the Lessee Under
Certain Conditions Until Sale
Is Effected.

! At the hour designated yesterday TOT the
suit OF the bondholders Of the Richmond
Mozart Association for the appointment OF
a receiver and for the sale Of the Academy
of Music to come up in the Chanoery
Court Captain John A. Coke. OF the firm OF
Coke 4 Pickrell. counsel for TIE plaintiffs,
appeared before Judge Lamb with con-
sent decree. acquiesced in by all parties TO
the controversy, making the Virginia Bale
Deposit and Fidelity Company receiver
of the property and allowing Mr.
Ed. Hamilton Cahill 10 remain lessee
under the conditions Of his lease upon the
payment 10 said receiver OF arrears owen
TO the ASSOCIATION. The decree was en-:
tered by Judge Lamb. and is the order OF
the Court. The order. after referring 10
the affidavits IN the case OF A.. Is. BisIr, Il.
J A. Catlin. Ed. Hamilton Cahill. aud the
Joint answer of f. William Pemoerton'
and James b. Pace, trustees. recites;
MRS. sTANARD's RIGHTS.
"Tbat the defendant. Martha Stanard. be
enioined until the further order OF the
Court from asserting or attempting 10 en-
force by legal proceedings or otneI VS.
anv right of re-entry under the covenants
of her deed of May 1. 1882. fled as an ex-
hiblt with the bill of complaint upon the
real estate thereby conveyed TO the Rich
mond Mozart Association and upon
which now stands the building known
as the Mozart Academy OF Music. -,
4 That the defendant, the Rlchmond Mo-
zart Association, be enloined uhtl tno
further order IF the Court from exercising
anv acts of ownership over the real
estate in the bill mentioned ana the
Mozart Academy of Music erected there
on. and from occupying or In any way IN
terferinc Herewith except In the manner
ana TO the extent hereinafter specially pro-
vlded
Mr.. cAHILLs TENANCY.
I "Thot the defendant. Ed. Hamilton Co
hill who hereby admits that the deed CT
trust to Pemberton & Pace, trustees
sought to be enforced by this suit, is para;
mount and superior to the lease OF sara
Cahlil of March /. 1892, and VINO
appears and consents TO this order Do
perpetualiy enjoined from asserting. any
RIGHT under and by virtue Of the lease
10 him aforesaid TO the use, occu
nancy. or control of the said Mo-
Fart Academy OF Music and the
other property described in said deed OF
lease. and the said Cahill Is authorized 10
paw in TO the said Virginia Safe-Deposit
and Fidelity Company 10 the credit OF tho
court IN this cause such rent rs has already
accrued and is now III arrear under the
lease aforesaid. the same to be disposed OF
by the Court so as TO relieve SAID Cahill
from any liability arising from levy there
on for the taxes assessed against the sad
Mozart Academy property.
That the Virginia Safe-Deposlt and
Fidelity Company Is hereby appointed re-
ceiyer of the Court in this cause and d.
rected TO take immediate possession OF
SAID Mozart Academy.
RELATION OF RECEIVER AND LEssEEs.
And the receiver L. authorized and
dire cited. pending this litigation or until a
sale. 10 allow said Cahill to occupy said
Mozart Academy of Music as
tenant of the receiver at the same rental
and upon the same terms set out in SAID
old lease. 90 far as applicable to the tenn
porary renting here contemplated, with
out. however, any liability on sad receiver
or the court for repairs. "a stipulated IN
the old lease; provided, however, that the
said Cahill shall pay into bank TO the
credit of the court in this cause. "a above
reclted, the arrears OF rent under his old
lease. and shall pay his rent 10 the receiver
monthly IN advance, with fifteen days
grace.
NO INTERRUPTION TO The MUsTcALEs.
The othe. terms Of the decree provide
that the Mozart Association shall have use
of the Academy as heretofore for ITS
muscIbs and that Mrs. Martha Stanard
shall. be paid the arrears of rent due her
after the payment of taxes, insurance,
and any other necessary sums out of any
funds coming into the hands of the re-
ceIyer.
The Virginia Safe-Deposit and Fidelity
Company, as receiver, WAS required to
give bond in the sum of $4,000 without
security. The Indebtedness Of the Mo-
Zart Association il Si3.9i2.09. which does
not include -, 500 for betterments and
1909 20 deilnquent taxes.