Daily Kennebec journal., 1897-01-21

hitiuC liultiuudiIy TeSp0USlDIc, cQudiIy
and ratably and not one for the other,
for all contracts, debts, and engagements
OF said corporation. to sum equal to the
amount of par value of shares owned by
| each in addition to the amount invested
in said Shares
4. That on the 25th day of August 1897
the defendant company gave the plain
G65o0) six thousand five hundred dollars
money loaned with interest at. eight per
cent and executed and delivered a trust
therein warranting and representing that
the said trust deed was first lien upon
said lots, said defendants then well know
prior encumbrances.
5. That on the first day of October A.
y lS90 the defendant company gave the
for the sum of (sGOO0) six thousand dol
lars money loaned on four years with
interest at eight per cent and execute d
ana delivered trust deed Of certain
ranting and representing that said deed
was a first lien upon said real estate. the
defendant corporation then well know
ing that said premises were subject 10
prior encumbrances.
| g.. That said lots referred to in fourth
ana fifth items were at date of trust
cure the sum of Cs75oO) seven thousand
five hundred dollars; that on the second
day of June A. d. 1894, the plaintiff cor
poration were compelled 10 pay and did
pay the sum of tsS7Oo1 eight thousand
seven hundred dollars to discharge prior
liens on said lots and that no part of
said, (ssloo) eight thousand seven hun
dred dollars has been repaid and that it
holds no security therefor.
, {. ON the 22d day of August A. D., 1889
the defendant corporation gave the plain
1 TIN corporation its promissory note for
the sum of .(slS00l eighteen hundred do
lars money loaned on four years and ex-
ecuted and delivered to said plaintiff cor
poration a trust deed of certain real es-
tate in the city of Denver, Colo, to Sc
cure said note.
S. That all the premises described in
have been sold and net proceeds thereof
credited on said Indebtedness.
| 8. That at the March term of the su-
county. Maine, said plaintiff corporation
recovered judgment against said defenu-
ant corporation for the sum of G1l S63. 15)
eleven thousand eight hundred sixty
three dollars and fifteen cents debt, and
| t$l202) twelve dollars and two cents cost
OF suit for which amount execution was
issued by said court on the 18th day of
10. That on the ed day of April A. D..
1876. the said execution was delivered to
G. l.. Bucknam, a deputy sheriff in and
for said county of Cumberland. for col
lection, and on the same day the said
deputy sheriff made return thereon that
| on that day by virtue thereof he demand
ed of Thomas l.. Talbot. then the treas
urer of the said Southern Loan and
Trust Company to disclose and show to
hIm attachable property of said COM
pany to satisfy said execution and that
said treasurer failed SO to do and then
denied having any knowledge of any such
property and that he. said deputy sher
iff, made diligent search therefor but
could find neither goods, chattels or es-,
tate of said company and that he there
fore returned said execution in no part
satisfied, And your complainant AYERS
Trust Company then had and now has
no property or assets of any kind what
ever that in law or equity can become at
or applied in satisfaction of said judg-
ment, in whole or in part.
II. That Eaid amount ($1l,s15.1O eleven
thousand. leight hundred seventy-fivc
from March 27th A. D.: 1896. is now due
the plaintiffs from said defendant cor
poration; that (SS649.15 nine thousand six
hundred forty-nine dollars and seventy
of warranties in item sixth hereof set out
and fSl2969l) one thousand two hundred
ninety-siX dollars and ninety-one cents
by virtue of the notes in items 4th and
5th hereof. and ts91649) nine hundred six
teen dollars and forty-nine cents by vir-
tue Of note set out in item 9TH hereof:
corporation is (s25.O00) twenty-five thou
sand dollars divided into $50 shares of
($loO one hundred dollars each all of
which has been legally issued.
13. That the defendants named in the
above order of notice hold shares as fol-
lows: Phoebe G. Bucknam one share %.
SdiOliHe H. oiIltn I'VE SHdTSS tJD ana tne
plaintiff AYERS that on the 18th day OF
July A. d.. 1894 Canoline l.. Smith held
S2 of said shares, which she then in fraua
Of the rights Of the plaintiff transferrea
shares have since been held.
II. That the following shareholders
have paid to your complainant their
proportionate parts of the aforesaid in
debtedness, the estate of Barnabas Free
man. Clarence Hale, Fred N. Dow,
Weston Lewis e. Dudley Freeman, the
70 ~ ipor
10. That your complainant has no rem
l6. The complainant prays that the de-
PENDANTS may make. full answer but not |
under oath.
II. Complainant prays for writ Of sub
poena and for relief as follows:
/. That the whole amount of the out
standing stock of the Southern Loan and |
Trust Company may be ascertained and
determined.
2. That decree may be made fixing and
determining the names of the share |
holders of the said Southern Loan and |
Trust Company, the residences of each. |
and the amount of stock by each held. |
as necessary to the full determination of |
this cause.
8. That the whole amount of the out
standing Indebtedness of the Southernl
Loan and Trust Company may be as |
certained and determined. with the name |
and residence of each creditor thereof. |
and the nature and amount of the several
debts. And that said creditors may be |
by appropriate process cited in and made |
parties to this cause.
A. That inquiry may be made and de-
cison had as to the amount of property.
OF any kind, held by the Southern Loan
and Trust Company, and if any be
found that appropriate process be issued
so that the same may be applied pro rata
to the creditors thereof.
.. That the amount may be fixed and
determined adjudged to be due from each
of said defendants severally upon the re-
spective debts of the Southern Loan and
Trust Company, under the provisions OF
section six of the aforesaid charter
thereof.
G. That by appropriate process each of
said defendants may Severally be re-
quired to pay. as by this court may be
ordered. the several sums SO as aforesaid n
found to be due to the creditors of the
said Southern Loan and Trust Company
so to be determined as aforesaid.
{. That for the purposes aforesaid alt
necessary and proper accounts may be
taken. inquiries made, and decision CIV
en-.
s. That the plaintiff may have It's rea-
sonable costs.
o. That the plaintiff may have such
further cr other relief as the nature of
the case may require.
Dated at Gardiner this eighth day OF
May. A. d., 1896.
Maine Trust and Banking Company
by Weston Lewis. President.
Solicitors for plaintiff. Heath & An