The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-01-07
G. E. DOWNS INTERVENTION
In Farmers Loan and Trust Company
VS.. Houston and Texas Central.
REPORT OF MASTER IN CHANCERY
Five Findings on Questions of Receipts
and Expenditures. and Four
ON the salo.

| Galveston, Texas, January Gin tho
United States court for the Eastern dis
trio, of Texas. the masters report on pc
tition of George Il. Downs, intervenor In
| the Farmers Loan and Trust company
trustee, VS.. the Houston and Texas Cen
| trail Railway company ct al, No. "a
| equity, was today fled
Intervention Of George II. Downs, filed
herein on October %. 1895. Masters No.
! 90. Findings of fact by Special Master
| VIM. l.. Prather en- reference to him Of
the above intervention.
| TO the Honorable Judges Of Said Court:
| George II. Downs, interviewer. filed his
petition herein on October -, 1895. and
| tho same was referred to the master by
| order dated October %, 1895, with direc-
| tiOns to examine into the matter and find
and report to the court the facts spe-
cially prayed In said petition, leave being
| granted at the same time to complainant
and other parties In interest to plead to
said petition within thirty days from the
| date of said order. and the master being
directed to file his report In said refer
ence on or before the first Monday In jan
| uary. 1896.
| On November 10 1896 the intervenors
| Moran Brothers and Henry X. McHarg
| filed their answer % the petition of Geo
| f. Downs before the master, and on Mo-
| vember %, 1895, the complainant filed It's
answer to said petition with the clerk OF
| this court and the same was filed before
| the master November g. 1926
| After notice duly extended to all par
ties in interest said reference came on to
be heard at the United States court room
| In Galveston on December 4, 1895, when ard
where appeared William Grant. Esq. so
Hector for lntcrvenor; NJ. p. Mott. ESQ,
| solicitor for complainant. and l.. w.
fora
Brothers and Henry X. McHarg.
The evidence was heard In pnrt at Gal
weston on December T. 1895. and by agree
| ment of all parties the hearing was adj
| journed to Houston. Texas, where on De-
oember 5, 1895 said hearing was concluded.
| file herewith the pleadngs OF the par
| ties, the list of he evidence introduced.
and a memorandum OF the hearing at
| Galveston ond Houston.
Upon consideration OF the pleadings of
| the parties and the evidence, submit the
| following as my conclusions of fact:
l. | find that the evidence fails to show
| any net earnings arising from the opera
ton of the Waco and Northwestern divis-
ion of the Houston and Texas Central
Railway company from the date OF the
| intervenor's purchase OF said division on
September s. 1888 to the filing OF the bill
In this cause on April 6. 1889, and 1t falls
| to show that either OF the receivers In this
cause have ever come into possession Of
airy funds arising from the operation Of
said division during said period.
2, find that the earnings arising nom
the operation of the said Waco and North
western railway from APRIL G. 1882 the date
or the filing OF the bill In this cause, to
September g. 1895. the date OF the sale.
amount TO 1851, 9O2.5l. Included In said
emount is So. 237. 06 net land receipts. The
gross amount OF land receipts Is f3s, 9.23.
OF which Alfred Abecl received s6,3s37
from Charles Dillingham;. former receiver
and CT which said gross amsunt there
was derived as zen. from land leases the
sum Of sl3,935H. and from interest on land
deposited the sum of sG67.S and from
land notes the sum OF ia. SO. and from
interest on land notes tho sum Of s2N1.49.
ard from land notes and interest since
March S, 1895. the date OF the final decree,
the sum of .sl2i23- There has been paid
out OF said gross amount Of land receipts
taxes to the amount Of $4,s39.N, and for
general land expenses the sum OF Sl37220
3. find that s46.5o5.40 OF said net In
come has been paid cut by the receiver