The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-04
A PERMANENT RECEIVER.
Judge Speer Decides to Appoint One
For the Dover and Statesboro Rail
road.

Judge Speer Decides to Appoint One
For the Dover and Statesboro Rail-
road.
Judge Speer rendered his decision yes
terday in the case of Robert w. Inman VS..
the Dover and Statesboro railroad in
which he stated that he would appoint a
permanent receiver for the property
The road is a short one, being but ten
miles in length, between the two points
above mentioned, and there having been
a default on the first mortgage bonds in
which Mr.. Inman is largely interested a
petition was filed by him asking for per-
manent receiver, foreclosure of the pro-
pertY, and payment of the bonds held by
himself. The property is now in charge
of Mr.. Marion Erwin, who was appointed
temporary receiver.
n rendering his decision Judge Speer
said it was evident there would
be foreclosure sale of the road
with due regard to the value
of the property and the interests of the
creditors and stockholders. Some time
ago Messrs. LocEhart & Haync were APP
pointed trustees of the property in the in
terests of the creditors, but Judge Speer
thought that the company had no power
authorizing it to surrender its franchises
and corporate property to the trustees for
the court.
He decided that the property must be
sold, ana through the court.
The court, therefore" continues tho
decision, has the authority to appoint a
receiver to manage the property until
foreclosure, and then by its decree fore
close the mortgage. 1t desires to do this
with as little conflict with the purposes of
the parties to the mortga ge deed of trust
as may be possible. 1t is evident that in
view of the character of this litigation
that none of the parties to it are
now in the position to act as re-
ceiver. The court will, therefore,
appoint a receiver who is wholly without
interest to take over and receive the
properties from the temporary receiver
and to manage and conduct the same with
the usual powers of such receivers, until
the sale, under foreclosure of the'proper-
ties in question, and will, by decree. grant
such injunction and other order as may be
necessary to effect this purpose
The Intervention of the Brush Electric
Light and Power Company in the famous
ROwena Clarke case was assigned for a
hearing in the circuit court this morning
An order was passed yesterday by
Judge Speer in the case of j. & II. Mann
VS., Bennett Hymes directing the receiver
in this case to resell the stock of the de
PENDANT, at public sale in the city of
Macon. The stock is now in possession of
the receiver,
Judge Speer granted EmiRh and Lob
dele the right to intervene in the case Of
Mann VS.. Hymes, that firm being creditor
of the defendant to the amount of $50 90
The case of Hamilton, Frazer & Co. VS.
Strauss x Co was assigned for hearing on
May Q.
The case Of George Ober, Sons & Co. VS..
J. l.. Bell was set down for May TO-
The jury of the circuit court was i'm
pancled and sworn in yesterday and all
were excused until 10 O'Clock this morn
ing. The grand jury of the district court
will be here Monday
Judge Speer passed an order in the case
OF the Farmers Loan and Trust Company
VS.. the Central railroad preventing that
company from being defaultedor precluded
by any plead'ags or other papers filed in
the cause until after the hearing of the case
before Judge jackson on May p. TO stay
the proceedings and granting them the
right 10 have such time 10 plead, demur or
answer any paper or pleadmgs, or 30 make
such motions respecting same as il may
be advised within such time as the court
may deem proper after the order is va
Gated, set aside or otherwise disposed Of