The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-04-13

6. 1t is informed. and believes that
the statements contained in paragraph
% of the plaintiffs bill of complaint are
true except in the particulars or respect
hereinafter mentioned, that is to saw,
it does not know and cannot set out AZ
to it's belief or otherwise, whether Or
not it is alleged or,is the fact that the
said Daniel L. Russell will cause the
States directors and proxy appointed
by him to institute or cause to be il.
stituted vexatious and ineQuitable liti-
cation in the name of this defendant or
the other vexatious litigation allegedin
said paragraph, but this defendant
states that since the plaintiff has fled
its bill of complaint in this court the
said Daniel L. Russell, Governor, has
forwarded by the United States mail to
seven of the States Directors aforesaid
a notice of removal as directors of this
defendant, and has thus attempted by
and with the advice of his Council to
remove them, to wit: W. G. Maxwell,
Lee s. Overman, John P. Allison,
Charles w. Johnson, J. J. Young, Y.
E. Turner and Ed. Chambers Smith
and to appoint others in their places
and as their successors, but as herein.
before in this answer stated, this dc.
fendant denies the power Of the said
Daniel L. Russell and his Council to re-
move the said directors, and to appoint
others in their place and stead until the
next annual meeting of the stockhold-
ers of said defendant company.
Z. 1t is informed and believes that
the statements contained in paragraphs
% and 90 Of the plaintiffs bill of com
plant are true, except IN the particu-
lars or respect hereinafter mentioned,
that is to say: That that lease of Sep.
TENDER 18th, 1871, has determined ard
expired by consent Of this defendant,
it's directors and stockholders, and Of
the plaintiff, by the execution and &C
ceptance and ratification of the lease Of
August 10Th, 1895, and it is advised
that if such is not the legal effect Of
said lease Of August 10Th, 1895, that the
validity and force of the said lease Of
September 18th, 1871, have been finally
adjudicated by the Supreme Court of
the State of North Carolina which was
and has been at all times since then
and is now the judicial court of last re.
sort of said State, in the action recited
in paragraph II of the plaintiffs bill Of
complaint and the judgment of said
court 80 rendered and pronounced in
said action is an estopped on the par,
ties thereto and those claiming through,
under or by any of them.
And this defendant denies any and
all manner OF unlawful attempt and
purpose to defeat or interrupt the en-
JOyment OF plaintiff of it's contract,
Wltnou this that there is any other
matter. cause, or thing in the said
plaintiffs said bill of complaint con.
tanned, material or necessity for this
defendant to make answer unto, and
rot herein or hereby well and 81 mcient.
ly answered, confessed, treversed and
avoided or denied, is true to the knOWl.
edge or belief of this defendant; all
winch matters and things this defend
ami Is ready and willing to aver, main
tain and prove, as this honorable court
shall direct, and humbly AYERS it's will
ingness to perform as far as may be in
any order, decree, or Judgment that
may be granted or directed to it by this
honorable court, and humbly prays
that 1t may go hence with it's reason
able costs and charges.
THE N. @. R. R Go.
By A. BurWell and J. 8. Manning,
AEfnEnaRG for tho HnHnnHnnA