Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-25
o. g. Staples Sues Washington Light
Infantry Corps.
PROCEEDINGS FOR SALE OF ARMORY
Aliens Grand Opera House Part Of
Property Involved.
D EBTS OF THE CORPS

ihohStohs Jouu l<dfueT ana 1aSneTle lie
| Witt. He asks that a receiver may be ap-
pointed to sell the Washington Light In
fantry armory and the Grand Opera House
| property. Henry F. Woodland is his go
| licitor. -
The bill recites that the complainant brings
the suit as bondholder of the Light In
fartry Corps. The defendant corps is sued
as the maker of three certain issues II
bonds and deeds Of trust to secure the
same. and .Appleby, Edmonston, Larner
and De Witt are sued as trustees under
three certain deeds OF trust
1t is stated further that January 80 1854,
George G. Cornwell owned part of original
lot ., all of original lot 6, part of original
lot and part of original lot Z, in square
26. all being known as the Washington
Light infantry armory or Aliens Grand
Opera House." He conveyed 1t to VIM. S.
Roose, Thos. ]. Fisher, A. A. Wilson,
Frank Hume and Jesse c. Ergood, as trus-
tees. to such uses as the Washington
Light Infantry Corps might designate, acd
May 10, 1854, these trustees conveyed the
property to VIM. G. Moore, ]. Tarbell Dyer
John s. Miller, George F. Timms. Thomas
Somerville and Edwin H. Newmeyer as the
building committee of the corps and to
Geo. F. Appleby and VIM E. Edmonston
to secure bonds Of the corps to the amount
OF $4,000, payable twenty years after
date. with privilege of discharging them in
five years, with interest from June /, 1854
at q per cent per annum payable semi-an-
uaily, by coupons.
Further Allegations.
The bill goes on to aver that on April Is
1885, the Light Infantry Corps by its deed
conveyed to Appleby and Edmonston, as
trustees. the property In trust, 10 secure
$4,000 in bonds of the corps, payable ten
year after date. with privilege to pay in
three years, with interest at per cent per
annually. These bonds were $50 in num-
Der; thirty for $500 EACH $50 for 500 each
and $50 for 500 each. They were subject
to the deed OF trust to secure the $4,000
issue of bonds.
The corps, May 1. 1895. by deed of trust
conveyed the property to John b. Larner
and Gasherie De Witt, as trustees TO secure
Staples the sum of $40 coo represented by
fifty bonds, being thirty for 81 900 each and
twenty for 500, dated May i, 1885, snd
payable to bearer in one year after date at
Z per cent interest per annum, payable
semi-annually.
Refuse to Release.
The bill alleges that the second deed of
trust upon the property has not been re-
leased of record because large number of
interest coupons remain outstanding which
the corps has not been able to secure, al
though it has deposited with the trustees,
Appleby & Eomonston, a sum of money
have refused TO release the deed of trust
of record, and the complainant declares
that the fact that it remains unreleased
constitutes a cloud upon the title to the
property far as the third deed Of trust
to complainant is concerned.
1t is also stated IN the bill that Staples
Is the owner of first mortgage bonds of
the Infantry Corps to the extent of ST. 800,
but he does not know who holds the bal
| ance. The interest coupons due June /,
1898, on the first mortgage of $4,000 have
not been paid b. the corps Complainant
is the owner Of more than one-half of the
$4,000 bonds, and the coupons due May 1.
1898, amounting to 5000, have not been paid.
1t is alleged also that the defendant APP
pleby is in ill-health and absent from the
city and that it is not eXpedient to secure
a foreclosure of the first deed of trust in
his absence.
Receiver Asked For.
Finally the bill AYERS that it is manifestly
to the best interests of the Infantry Corps
| as well complainant and all other bond
holders that a receiver should be appoint
ed to sell the real estate. and that it is
important, prior to the sale, that it should
be advertised in other large cities, in order
to secure the attention Of theatrical man.
ayers.
In addition, it is asked that from the pro-
ceeds Of the sale the bondholders may be
paid according to their several priorities,
and that the amount Of money now in the
hands of Appleby & Edmonston or the
Light Infantry Corps for the liquidation of
the outstanding unpaid coupons. under the
second deed of trust may be paid into the
registry of the court and that the receiver
be empowered to sell the property free and
discharged from the second deed of trust.
Mr. Staples stated to The Star reporter
at the city hail. after the bill had been
filed. that IL the property came into his
hands eventually he would very probably
continue it's use as theater. He said the
proceedings he has brought rnIoh
benefit to the corps to himself.
The Obligations.
"It is upon the bonded Indebtedness of
the organization that the application is
fled said Mr.. Staples. Something had
to be done. The corporation was unable
to pay even the interest on these bonds, now
six months behind. In other words, the
Washington Light Infantry owes six
months interest on one lot of bonds
amounting to $4,000. the interest being
$500. and 1t owes also six months inter-
est on $4,000 worth of bonds 81 400; max
ing total of 400. OF this amount but
800 has been paid. and. as there was SEEM
ing1y no chance of securing any further
money, 1t was deemed best to file appiica-
ton for reeefvership and let the court
ton"
1t is expected that two receivers will be
appointed by the court to act together
MIR. Staples will be appointed to represent
the bondholders and some member of the
company will be appointed at the sugges-
ton of the directors to be O co-receiyer.
1t Is not expected that any fight will be
made against the receivership.
Meeting of the Corps.
Mr.. A. A. Birney, attorney for the Light
Infantry organization, Is out of the CITY.
and will not return until Monday morning
and, therefore. no definite information as to
what policy the corporation will pursue in
the matter could be obtained A meeting
Of the organization has been called for
Monday night at the armory This Is for.
the purpose of dispesing Of important bust
ness matters. and 1t will no doubt be de.
cided upon at this time what action shall
be taken in the court proceedings 1t was
said this afternoon by an officer of the
organization that the application for re-
ceiyershir had been anticipated for some
time. It was filed. however, a little sooner
than was expected.
The organization has been short of
finances for several months and ii was
tmf osxible to raise the money to nav In
terest OF the first and second mortgage
bonds, held principally by Mr. Staples. II
Is hoped that some arrangement may be
made. but 1t is said to be almost certain
that the organization will consent to the
reteivership. for the present, at least.