The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-11-27

freight at the junction aforesaid, transport
Cd the SAME 10 the said Texas City aud
collected large amount OF ireights due
thereon. That gu the day OF -.
1876, the defendant, by -, accepted in
writing statement showing that there WAS
| then and there due TO said plaintiff, the
International and Great Northern kailrual
company, the sum OF sigSl.2g on account
OF ireights collected for 1t by said defend
ant, and the account then and there be-
came stated between the plaintiff and the
| International and Great Northern Railroad
company and tie defendant for the said
amount.
| THAT although often thereto requested.
the defendant has hitherto wholly failed.
neglected and refused, and still fails. neg
lecis ana refuses TO pay the amount due to
| the plaintiff. the Galveston, Houston aud
! Henderson Railroad company. or the
amount due to the plaintiff. the lnterna-
iional and Great Northern Railroad com
iany. or any part thereof.
| Plaintiffs further say that By virtue Of
| the laws OF Texas the Plaintiffs and cpch
OF Thorn have i Hen upon the property and
| franchise OF the defendants railway to the
extent OF the balances due them for moneys
| collected by IT for them on account of
| iIcights as Aforesaid. which lien Its superior
to all other liens upon the said property ana
| iitnchises save and except laburcrs' liens
] INV AhNf w tithAAtl III any NNhlA VI AllS
| state having jurisdiction by law OF the sub
ject matter and OF the parties. And plain
! tlfs now Assert said lien aud clain every
aud all manner of benefit to which they
Tny be entitled hereunder
Plaintiffs further say upon information
and belief. and they so charge, that the de-
| PENDANT owes large number of debts the
I precise amount ana nature of which they
, are not accurately Informed. and that the
defendant is insoYcut. They further suy
tint the property ana assets of defendant,
! especially Its said railroad ale undergoing
deterioration aud decay and are daily be
coming lass valuable. and that the property
Lp1n which they have their lien as atore-
said it. not Il sufficient security fUr their
said indebtedness
That til, earnings OF said company have
been for some time past and still are insuf
fcvut 10 nay its current expenses and that
/ 1t is Etttiue daily more and more involved
III debt. ] hc plaintiffs further say upon
/ information aud belief. ana so charge. that
a large amount ot property belonging TO the
/ said dcf,n.iant. consisting OF all or nearly
all ut its available assets is mortgugel.
The promises considered. plaintiffs brins
! suit ana pray that the defendant may be
cited according TO law to appear aud an
! sWer this petition and that at the hearing
| OF this cause plaintiffs nay have judgment
I tor their respective doots AS aforesaid with
| interests aud costs OF suit rhey pray fur
thor that their lien upon 'he railway of the
| defendant, It's property and franchises as
aforesaid be forcciosod and that same be
ordered TO BIZ sold and the proceeds TO he
aiplied pro rata 10 the judgments to be re-
covered by plaintiffs respectively herein
ind to the end that justice may be lone
to all parties, aud Tor the purpose of on
forcing the rights aud equities of the cred
itors of said defendant company and TO Sc
cure as far as possible the performance OF
the duties which said company owes TO
the public. and as we'll to preserve the
unity n the business and property OF the
defendant company, ami Of preventing the
destruction thereof by separate exocu ions.
attachments or scluastrations, plaintiffs
pray that the court will be pleased to ap-
point a receiver of all and singular the
property. rights, assets and franchises of
every nature and wherever situntod held.
owned or controlled by said defendant com
panv. with full authority to manage and
operate the same under the direction OF the
court; and that all of the Officers. man
ayers, SUI. riutCndcnts agents and EN-
rlayos of said defendant company be Re
puircd forthwith to deliver up to such re-
celver the possession OF and singular each
ana every part of said property wner' Yer
situated and also all books OF accounts
vouchers and papers in any way relating
to Its business or the operation OF its sait
railway and for an injunction restraints
5 each and every one Of the officers, direct
ors. managers and superiutendonts, agents
and employees OF said defendant coupanl
| from in any way interfering with the pos
session and control OF such receiver oyel
said property.
Plaintiffs pray for such other and fur
ther relief as In law and equity they may
| be entitled TO, and for general relief,
, Mott q Armstrong;