Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1896-02-08
HAsIBR HAhsor's RBpoR 7,
favors Sale Of the Atlantic 4 Paeif,,
Read,

chanccfl, ~ whom was referred the case
ot th" United states Trust company ~
New York against the Atlantic n Pacific
Railroad company 1T nj. has made his re-
port aud yesterday tll~i the same with
Judge Collier, rs follows
From the evidence offered aud admit.
tel under the plcadings herein. are found
the following facts:
First That the defendant. Atlantic 4
Pacific Railroad company, on the iirat la,
~ July, lSSl, duly made. executed and de-
liyefrd ~ tbs United States Trust com
pany II New York, the complainant here.
In. a. trustee, u certain mortgage " deed
II trust hearing date the first day u Jul.
iNNn, ~ alleged IN the bill ~ complaint
! ~ th- cause.
~"cond That said mortgage NJ deed of
trust ~a- made, executed and delivered
lot the purp'-c u securing the hrnd- 1T
the defendant, Atlantic n Pacific Raj,
rad company, hereinafter described.
! Third That the Defendant, Nlantir
n Pacific Railroad company, subsequent
/ - ID" making, execution and delivery 4
said mortgage ~ de,d II trust. mad
executed and delivered liz bands all bear.
Ing dat" the said Iird lay ~ July, \ u.
lNNl, amounting IN the aggregate /" tlG,
uuup
/ Fourth HAT all -aii nr-t mortgage
hnnh. II said defendant, Atlantic N la
cite Railroad company amounting In the
aggregate tu tlG.unt'U, are now out
standing valid obligations II said Allan.
tie n iarlic Railroad company, and were
81 outstanding ut the commencement II
F.. thls ,uht
Fun hat uIuu said first mortgage
huni- ~ said defendant. Atlantic ~ Ia.
ciir kallral company. interest has ne.
cfurd ~ follow, Irn 80 thereof. IN.
t"f,'-t has accrued aud remains unpaid
from the first day ~ July. \ u. lS'sl. and
uiSu l1,tul thereof interest has accrued
and remains unpaid from the fist la, II
January, \ u. lSal. while upon the
registered bonds interest has accrued
from the said first la, of January. T. -.
1891.
SiNth That the total amount ~ priu-
cipal and interest ~ ~aid first mortgage
hnndr, un the first day II January, lN,~i,
~a- the sum ~ t2u N22.i1O.
seventh That default has been made
In the payment ~ said interest said in.
trr-t having accrued ~ stated IN the
NTH paragraph hereof on $7ipUu ~
SAld bulds uIi the lst day " July, 4. u.
lNs,. and un the reua ndrr II said bonds
on the 1T day u January, 4. u. 1881, aud
Said default still continues.
Eighth That the defendant, Atlantic
\ Pacific Railroad cunpany,iS absolutely
in-ol,rnt and unable 10 pay the principal
and interest ~ aid bonds.
Smith That the interest on $l6UDW
for one LAY al Il per cent. IL $3.50, and
tina, the total amount II principal and
interest Of said mortgage bonds on the
date u this report. the 9TH day Of FebrH'
AIRY, 4. y. ls!#i, Is t3n.9i9.,S0.
rrnth-rhat j. u, Mccullough. otto r.
Banard Gusta,r Wrachler. ". \. Bassert
and Francis =. tangs are the holder,
II all said first mortgage bonds, and that
the aid holders ~ all said first mortgag,
. bonds have elected that the entire amount
> ~ principal and interest thercf shall lie
. considered due.
Eleyenth-lhat the second mortgage
: or deed u! trust given 10y said defendant
Atlantic n Pacific Railroad company, u
u the defendant. the Mercantile Trust com
J. panv. ~ trustee. bearing date the lst day
= Of september, A. ID. 1857. IA secure the
u pay uent II second mortgage bonds H.
sucd 10y the said defendant, Atlantic \
Pacific Railroad company,a copy of whicl
u with and made part Of the bill II com
plant herein. marked exhibit {, by III
= provisions aud rrcital- gave notice to TIN
purchasers and holders Ot said second
y mortgage hnnds tina, at the time OF tn
issue thereof and II the execution NJ sai,
h second mortgage ur deed ~ trust ther,
u were outstanding first mortgage bonds %
l. said Atlantic n Pacific Railroad ronpan
u 10 the amount ~ ti6.oN.u0.
10 Twelfth That the defendant, The Mer
l. camille Trus, company, the trustee, II
Is the second mortgage or deed Of trust
u took said mortgage or deed Of trust wit
. full knowledge aud notice Of the amour
b. of outstanding frat mortgage bonds
Ii the said defendant, Atlantic y Paciii
4. Railroad company, ~ we'll IA with fnl
" notice and knowledge IT the term
~ thereof.
NJ Thirteenth That the mCrtgaged pren
II. is.4 embraced In the said first mortgag
al or deed NJ trust, consist ~ u continu0i
h. line II railway. with its franchises, I'll
~ As conclusions ~ law from the for,
going facts, respectfully report that III
ne Atlantic X Pacific Railroad company
H. Justly iadrbtrd 10 J, q. Mccullough, on
~ Banard, Gustaye Neachler, ". y, RasS'l
l. and Francis ;. bangs ~ the holders I
w said first mortgage bonds, 0n this 9TH ia
~ ot February, 4, u. lSHi, In the sum ,
IN $9h9iH.TNo,
lis Seconh-1hat Ia secure the payment ,
" the indebtedness mentioned ~ the pr
ccding paragraph, IL" complainant
10. United States Trust company II NJ
Tie York. ~ trustees. has u lien prior AL
an superior tn all others, upon NIL the frat