Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-02
WACO And NORTHWESTERN SUIT
THE LrrIGArioN BETWEEN GREEN,
HUNTINGTON AND TRUST CO.
Special Master Prather Has Made
Ills Report. which IL Very Vol
umInou. and Covers the Entire
History of the Case.

Waco. Tex. Jan. Especial Master
w. l.. Prather. In the matter OF the
application for resale Of the proper
ties OF the Waco and Northwestern
Railroad company at risk OF purchaser
Il. II. r.. Green. made by the Farm
ers' Loan and Trust company, and z.
p. Huntington as intervenor In equity
cause No. 227 In the United States chr
cult court for the Eastern district OF
Texas at Galveston. has forwarded
drafts OF his report to counsel Of the
respective parties at Galveston. San
Antonio and New Orleans The report
is very volumninous, has been some
time In preparation and covers many
complicated questions OF law ana iact
This matter has been pending since
the sale Of the property at Waco, Tex,
Dec. rs, 90 In March. 1898. the United
States circuit court at Galveston con-
hrmed the report Of the sale OF the
master commissioner but excluded
from sale nearly 100000 In land notes,
which Green claimed had been offered
for sale by the master commi Isloner
and bid upon by him as part Of the rail-
road properties for which he bid ST.
a75.000
In April. 1898. Green filed an applicA-
lion for a rehearing OF the order son
iirming the sale and asked TO be ie-
lleved from his bid on the ground that
said land notes had not passed By sale
and that the title to the ia11 grant
covering about 100000 acres OF land
was clouded by litigation and no valid
title could be made to him therefor
under the decree Of foreclosure
The Farmers Loan and Trust COM
panr moved to strike from the files
the petition for rehearing OF said Green
and subsequently c. T. Huntington,
owner OF majority OF the bonds in
volved IN the foreclosure proceedings
interviewed in said cause and filed a
motion to have said Green committed
Tor contempt OF court for falling to
comply with his bid. All OF these mat
ters came on TO be heard before Circuit
Judges Don Pardee and A. Z. McCor-
mick at New Orleans. When the
motions of the Farmers Loan and Trust
company and c. p. Huntington were
denied without prejudice 20 their rights
10 make any other application for re-
lief and the petition % Green for O
rehoaring and 10 be relieved from his
lid was also denied without prejudice
10 any other rights he might have,
subsequently, the Farmers Loan and
Trust company and Huntington made
application IN this cause for an order
10 compel said Green to comply with
the terms OF his bid and take the
property within tweniy days from
da;e Of such order. and In case OF his
failure to do 80 asked that all or the
property OF said railroad be resOld at
risk OF said Green An1 he be charged
with all OF the expenses OF the resale
and any difference In price that might
be realized al such resale
u. II. r. Green. In response to these
nmnltNWNt "a p4a9I4 Do an "a ~
many grounds as ruasnn5 why he
should not be compelled to comply
with his bid, and why tho resale asked
for az his risk could not now be had.
In the conclusions reached By tho
special master. he finds that the land
notes were offered fI- sale, were bid
on by u. II. H. Green at thu sale aud
that the exclusion OF them from sale by
tho order OF confirmation was inequlta-
bic a. Green. He also finds that >
rnurt 0f equity has the right and pow
er to inquire into former decree OF
the court when such order Ia sought
70 be enforced and N the court should
doom such former decree inequitahle
that It should refuse To enforce tho
same, Tho special master also con
cludes that the description Of tho land
grant contained IN the petition for the
foreclosure and the mortgage sought
TO I've foreclosed and the decrec OF fore
closure and also IN the deed TO the
name. rendered the purchaser is NO
Indefinite rs to render It impossible
TO Identity the land and that, therefore.
the purchaser would acquire no title To-
the land.
lie further concludes that resale
cannot be az the purchasers Risk. be-
cannot be had at the purchasers fisk.
because the purchaser has not wi,nout
and also because such resale cannot
b hRd upon the same terms and condl-
Tons as the former sale on account (
tho changed conditions OF tho nrcp.
orty.
The record In this case covers about
500 pages OF printed matter aui the
report OF the special master Including
his findings OF fact and corclu lions "
law itoeif covers about 80 Pages.