Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-02-02
Petition for an Order in the Street
Railway Litigation.
INTERVENTION ASKING FoRECI osuRF
substance OF Tho In.tru,nent to BE For.
~arded 10 erk Dart at Calves
5on THIS Morning.


was drawn by Hon. ]. II. Lanier OF this
city and is signed by j. II. Lanlcr and
c. b. Martin, solicitors for the petitioners.
tho American Loan and Trust company OF
omaha, Neh. The petition In substance
alleges that tho defendant. tho Houston
city Street Railway company on the ?Uth
day OF September, 1890. executed Its mort
gage to the American Loan and Trust
company OF Omaha, Ncb., as trustee, TO
secure certain mortgage bonds. That 10y
the terms OF said mortgage the railroad,
! franchises. cars, equipments, real estate.
rlght-of-way and all other property then
owned by said Houston CITY Street Rail-
way company, real, personal or other
kind was conveyed to The said American
Loan and Trust company OF omaha, NUb,.
as trustee, the bonds aggrcgatins sl,ai0-
900, the action being In pursuance with u
resolution Of the directors OF tho defend
ant company; that of said Issue bonds
to the amount OF Sli2.DQJ were deposited
| with the American Loan and Trust COM
| pany OF Omaha, Neb., as provided 10 said
| mortgage on said day and OF even dHte
| herewith, for the purpose OF rcdecmins
| when due like amout of bonds trsued
| OF the Houston City Street Railway Gem
pany dated July I, 1854, ana maturing on
| tie LIST day OF July, 1889, that OF said Issue
| Of bonds dated july /. 1881, there ~ out
! standing unrcdeomed by the American
| Loan hHu ITuhN company OF ttodndt NeOts
| on defendant, the sum OF Sl3i,0 thereof,
| due July |. 1899. and tho said Trust COM
| pany is unable TO redeem the balance, -
| being tnsovont: that an lnstallmeut ot
interest on said bonds became due on
I the LIST day Of March. A. D.. 1894. md ihnt
! the said Houston city Street RAILWAY
I company and American Loan and Trust
company OF Omaha, Neb.. both failed to
I pay said interest and are now insolycnt
/ and have not paid any interest 10 the
holders OF said bonds since the instnllmout
that became due on and was paid Septcm-
Der l. 1898
Your petitioners further represent that
, there Is now outstanding and owned by
I various persons and corporations the
bonds of the snid Houston city Street
{ Railway company dated september ~, 1870,
nEgregating S,e6Q001 with accrued inter
est thereon from September I, A. D., 1898,
at the ratio OF per cent per nunum. both
principal and interest payable In gold,
and that the owners and holders OF Faid
bonds have demanded payment thereof
at the Chemical National bank In tho
city and Stnte OF New York. which
payment was refused, owing to the in
sovency OF tho defendant and the Amer
lean Loan and Trust company OF omaha,
Neb.. und that the owners and holders OF
said bonds have elected to declare the
principal as well MS the Interest due, ana
desire the foreclosure OF said mortgage.
the Houston city Street Railway COM
pany by It's certain mortgage dated July
I, 1884. did mortgage ita property thea
owned for the purpose OF securing mn Is
{ sue of $3.50 coo OF It's negotiable bonds, That
, the bonds by their terms are of ihc de-
, nomination Of .b00 each. bearing per cent
, interest from their date ma payable R"mi-
, annually on tho fru DAYS " January
! and July OF each year at tho office Of the
] American Loan and Trust company OF
New York IN the city nnd state OF NOW
York and by their terms mature IN the
ist day Of July, l&A; that Of MID bonds
secured by said mortgage OF july l. 1851
, there are eth outstanding unpaid and
? owned by various persons, bonds nggreglt'
, ing $4,000 That the Interest on said
bonds is also evidenced by coupons rcpr"
HentinK tho semi annual Interest Thereon
, OF $3.50 each That tho said Houston
city Street Railway company mortgaget
all OF lis property and franchises thor
owned by Il to the American Loan and
e Trust company OF New York as trustee
4 TO secure the said Issue OF bonds las
I named
i Your petitioners pray that the mortgage
= given TO fhe American Loan AMI rruHi
n O. unHnv nj umaha, Neb by the licnstot
I City Street Railway company, dated Sep
o tcmt.er 20 A. Il. 1870. he declared Her
I rnon all TIC property, real pcrFonal an
a mixed. rights, franchises, lands. tracks
q ties rails. cars. turnouts, swltuhes and NJ
! other property Of thu Houston city stree
k Railway company mentioned and do
:. scrihld In said mortgage. dated scntem
= her %. A. D. 1890, as well az any or all q
= ouch other property. rights and franchise
q | now owned or since acquired Oy IN
h Houston CITY Street Railway company
!. and that all the property, rights aud fran
J. cbises Of whatever nature fnd KIND III
= asceriained from the inventory flled by tn
II receiver and from said mortgage or other
u wise, and SID lien OF said mortgage date
i gentembtr 90 1900. be declared fNed there
- on. and that the Houston city stree
d Railway company be required TO pay int
" the registry OF ths court, or TO the holder
J. and owrcrs OF said bonds under the lns
:; aforesaid mortgage. all the principal an
:, | nrreara OF Interest now due anu IN az
y fault thereof. the defendant. the Housto
RI CITY Street Railway company above name
i and all persons claiming under II or ther
n save and except only the American Loa
Sc and Trust company OF New forf
n in the CITY. county ana sta'o
m New York, truHtee In tho dee
1t OF truft, dated July |, 1884 and ih
n bordbolders Il the bonds now ontstandin
II and secured by snid deed OF trust, nv
IN without prejudice thereto be forever barre
~ and forooiosed OF every form OF equity q
10 redemption and claim of any KIND 10 an
Of 10 tn. said mortgaged rrcmiyea and ever
is mart ard parcel thereof, ana thnt all an
7. sirR1ilar the said mortpnEed premises mn
Id prope,tv. with the appurtenances, rrol
q e,ty, effects. rights. immunltics and frar
IN chIses in the said mortgage mentioned,
" dat. September %. 1890. be sold under
>. decree OF this honorable court, and thf
ID out Of the money arising from the "a
lr thereof. after deductinE the proeceda froi
3 .,eh sale lust allowances for all disburh'
10 mems and sxpenEcs. the said sale inciu IN
at,orney'p and counsel foes OF petitioner
eni for all expenses incurred by than
,ho premises. aud nll payments while
may be lawfully made for taxes or a
scssments on the said premises or az
of nnrt thrrsof. and the cost and earens'
~ The r,ceivership now pending In tn
n. cause which reeeivership III prayed TO
eonti,,,ird pendente lite, 10 apply the r
rninder OF the proceeds TO the paymsl
." N inc principal and interest OF said bona
ds,ed september 20. a. ID. 1890, and seeur'
TO no eaid mortgage OF the sane date withol
discrimination or preference intably 10 y
i" sgcreqate amount OF such unpaid pr'
oinal and interest
m your petitioners prny that ruitab
n.rson be appointed q master commissio
:. er 10 make said sais.
THE BOUNDARY DISPUTE.
". New York Herald
80. on another page Of this mornings lie
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