Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-29

thereof. and to hold. use. control. mun-
nre and operate the same, and to col
lcct and receive tolls, freightsi issues
1 and profits Of the same and every part
thereof. and the same TO apply as ~
| said deed Of trust or mortgage pointed
out and with entry or without entry TO
sell and dispose Of all and singular
the said railway ana nppurtennnces,
property, rights, interests and frsih-
ohises conveyed or morigased or ~
tended TO be by aforesaid trust deed
or mortgage In tho manner IN sala deel
directed. and to apply the proceeds
arising from such sale as Ia said IN
strument provided,
That The plaintiff as trustee under
the said mortgage deed OF trust can
not perform the task or carry out the
not perform the task or carry out the
provisions Of the mortgage or properly
protect the rights OF the holders OF the
bonds secured thereby or OF the plain
TIN as trustee hereunder without the
aid OF tho court, that receiver or re-
eeivers should be appointed by the
court
The plaintiff further shows that the
defendant, the Central Trust company,
has or claims 10 have some interest or
lien upon a portion Of the properties
described In the Aforesaid trust deed
or mortgage. executed by the said s'ail-
way company to the plalnufr under
certain deed OF trust made and execute
ed by said railway company TO said
Central Trust company. trustee. to re-
ceiva itB certain bonds in the sum OF
siGO, 900. dated March /, 1853. which In
tere8t or claim, plaintiff alleges, was
acquired subsequent to tho right, title
and Interest acquired by plaintiff MS
trustee, under aforesaid trust deed ex-
ocuted 10 It by said railway company
to secure the bonds OF said railway
company, and Is subject to said trust
deed and the piior rights, lien and
claim OF the holders Of said bonds OF
said railway company Hereunder upon
said promises and property. 50 convey
ed as aforesaid to said Central Trust
company. Plaintiff prays that the trust
decd or mortgage aforesaid from said
railway company to plaintiff be declar-
ed u lien on said railway and telegraph
line and appurtennnces, rights, ease
ments, franchises and on all property
real. personal or mixed. conveyed or
mortgnged by Aforesaid trust deed or
mortgage 10 to he. That said railway
company be odiudged and decrced TO
pay unto the bondholders under nforc-
said trust deed or mortgage, all arrears
OF Interest now due or that may here
after become due and payable upon
said bonds and pay unto plaintiff all
costs and expenses In this behalf in
CURED and expended. Including just
allowance for attorneys and counaels'
foes, and tho reasonable charges of
plaintiff for It's services rendered here
In as trustee.
And IN default thereof that tho said
Fort Worth and Denver City Railway
company ana the Central Trust com
pahN ana all persons claiming under
them or either OF them be forever
barred ana foroclosed OF and from all
eptnH 90 redemption and claim OF. in
and TO the said mortgagcd premises and
every part and parcel thereof. ana that
all and singular the said murtgnged
promises. with the appurtenanccs, prom
crty, rights immunitiesi. easements
and franchises by said trust deed or
mortgage, conveyed or mOrtgagcd, or
intended so 10 be.be sold under decree OF
this honorable court aud tho proceeds
q the sale thereof, after deduciing
therefrom the Just allowances for ali
disbursements and expenses OF said
sale, Including attorneys and counscl's
fees aud the reasonable charges OF
plaintiff for services rendered as truss
tee and for all expenses properly in
| CURED by Il in the promises, he applied
70 the payment OF such OF aforesaid
bonus, principal aud accrued interest,
as may be at that time unpoid. whether
or not the principal Bhall previously
have become due, such application to be
| made without discrimination or pref-
crence. ratabIy. to tho aggregate
amount Of such principal and accrued
| interest.
That an account be taken of tho
| bonds secured by the aforesaid trust
decd or mortguge from said railway
company to plaintiff and OF the amount
due on said bonds for principal and In
| tcreat, or either, and the names Of the
| lawful holders be asccrtaincd; thai a
proper person or PERSONS be appointed
| receiver or receivers uf said railway
and telegraph lines of said railway
company,
That defendants nnd each OF Thorn
ana au pcrsous claiming under them be
| enJoined from interfering with trnns-
ttseirlng, selling or disposing OF any OF
| ,he property conveyed or mortglged
| by SAID trust decd or mortgage. or from
Aking possession OF or lcvying on or
attempting to sell by judicial process
or otherwise any portion thereof.
/ Vain nrc the ATTACKS OF beatep cow