The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-29
rs SET FOR FEBRUARY.
PETITION TO SET ASIDE JUDGE
MANN's REPORT DENIED.
linton Trust Company of New York
Adds to Litigation Over the c.,
La p. 4 IL. Railway Company.

Galveston, Texas. January 2S.-In this
suit OF A. j. Tuliock VS.; the Galveston,
La Porte and Houston Railway company
the Union Trust company OF New York has
filed petition in the United States circuit
court In which Ii complains OF tho Beau
mont Lumber company. which has hereto
fore interviewed in the cause. and made
itself a party. Tho petitioner alleges that
1t was for the first time made II party
on April II. 1897, by a bill OF complaint
filed by the Intervention. u. j. Smith,
Petitioner alleges that it is the trustee
In n certain deed OF tust executed BY the
defendant railway company upon all vi
its property acquired and therea Ter 20 be
acquired under the name Of the La Porte,
Houston and Northern Railroad company,
bearing tiate OF August l. 1891, securing the
first mortgage bonds OF the company, which
were issued Hereunder 10 the amount OF
S15o,GOo anu on Julp II, 1897, by leave OF
The court, petitioner filed its cross bill
therein, praying for n foreclosure OF said
mortgage deed In trust TO which reference
is made in order that the same may ba
read as part Of this petition.
Petitioner further alleges that on March
&c., 1896, the Beaumont Lumber company
filed its petition hi Intervention seeking 10
establish as preferred legal claim upon
all the property of the defendant railway
company Tall of which property had there
tofore been conveyed BY said mortgage
deed OF trust TO petitioner MS trustee as
aforesaidl an Indebtedness claimed therein
OF Si73o7 lG, besides interest, etc. aud
PRAYED that it's lien he declared superior
to the lien OF tho Continental Trust COIN
pany of Kew York under a mortgage ex
ecnted April l. 1895,
Petitioner alleges that the petition In
Intervention was bv the court referred TO
the master In this cause. Morgan M.
Mann, for his report. and that he reported
thai. in his oniIdor. the said railway COM
pany was indebted TO the Beaumont liits
Der company IN the SHIN Of sal .766. SO,
and interest, and recommend that q
lien for $47,966...2 be allowed and estab7
ished on the Galveston. La Porte and
Houston Railway company. to he prior IN
rank to all other liens. cxcept of like
nents, upon which report an order, as, OF
courso, was entered by the clerk and a
decree was entered confirming the mas
ters report.
Petitioner alleges that II was not 3 party
TO the cause Of the Beaumont Lumber com
pany, nor at the time the order and decree
was entered, nor had IL ANY knowledge OF
the proceedings. Petitioner, therefore.
asks the court to get aside the order end
decree confirming the masters report ana
to order a hearing de noyo of the claim
either before the master or the court, IN
order that petitioner may have an oppor-
tunity TO be present, and that uDon the
hearing said claim may BIZ disallowed. Pee
titioner prays for an order citing the Beau
mont Lumber company To appear and show
cause why the relief ,irayed for In the pe-
tition be not granted.
The petition was presented 10 Juflsc
I3ryant in chambers at jefferson. where
he made the following order:
Leave TO refer 10 the master Is denied.
The clerk will give notice instanter 10 the
defendant. Beaumont Lumber company. TO
appear before me at Galveston Texas at
the court room. on February II. 1889 at 10
o'clock a. m. of said day. when and where
will personally hear and determine the
matter involved between plaintiffs and
defendant. Reference TO the master denied