The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-07-11
TO SET ASIDE FORECLOSURES.
Proceedings Involving Title to South
ern Missouri and Arkansas.

Through his attorney, Everett W. Patti
son. Samuel g. Revans Of New York City
yesterday filed two suits in the United
States Circuit Court against a number Of
southwestern railroads. asking for q fore
closure Of the old mortgage of the old Cape
Girardeau and State Line Railroad Com
pany. and petitioning the court to set aside
e decree rendered against the bondholders
OF the Illinois, Missouri and Texas Rail-
eau County in 1878
uel c. kevans Of New York. suing on be-
half OF himself and other holders OF bonds
OF the. Illinois. Missouri and Texas Rail-
road. IN like interest. who choose to come
as compartments and bear their share OF the
expense of this suit. against the Cape Gil
rardeau and State Line Railroad Company,
the Illinois. Missouri and Texas Railway
western Railway Company. the St. Louis,
Cape Girardeau and Southwestern Railway
Company. the st. Louis. Cape Girardeau
the St.. Louis and Southwestern Rail-
way Company. the st. Louis. Iron
Mountain and Southern Railway Company.
the Missouri Pacific Railway Company. the
Kansas City. Fort Scott and Memphis
Railroad Company, the Southern Missouri
and Arkansas Railroad Company and Louis
The bill Of complaint in the suit to set
aside judgment IL voluminous and details
the history Of the old Cape Girardeau and
State Line Railroad. In brief, 1t states
State Line Railroad conveyed its properly
to the Illinois. Missouri and Texas Railway
Company. On May Of the same year. it is
alleged, the latte ., company executed a
property Of the railroad company, to Eyed
erick 8. Winston and David Hoadley. both
Of whom. recites the complainant. are now
linois, Missouri and Texas Railroad Com
pany issued 1,500 first mortgage bonds Of
NOOa each. payable July 70, ISL. and bear
hold fifty Of these bonds BY these means
81, 500, coo was secured. 1t Is claimed, to build
and operate the road.
The bill further recited that on March 50.
1876 the Cape Girardeau and State: Line
Railroad Company brought action in the
Circuit Court OF Cape Girardeau County
against the holders Of the bonds to have
secured thereby, declared fraudulent, to, be
Cancelled and set aside and declared to be
null end void as against the Cape Girardeau
Il 1873 q decree was rendered declaring the
mortgage fraudulent and promulgating .
perpetual Injunction restraining the bond
holders. their administrators. executors and
assigns from interfering with the property
of the railroad.
The complainant alleges that many Of the
bondholders knew nothing OF the suit in the
rendered. He further alleges that Winston,
as trustee, did not enter appearance In court
to defend the interests of the bondholders.
Vn0 COMPARTMENT IuTtueI EcSlteS tudt LOUIS
Houck was president of the Cape Girardeau
and State Line Railroad. that he
organised the Cape Girardsau and
the property of the Cape Girardeau and
State Line Railroad Company. Subsequent.
~, It is alleged. the Cape Girardeau and
Fort Smith Railroad Company came Into
possession OF the property. The complainant
ALLEGES that to the best of his belief that
LouIsIHouck has. or IS, about to issue carr
tain leases Of said property and franchises
covered by the trust deed for the bond
holders. of the other railroads mentioned az
defendants.
Reyans asks that the Judgment Of the
Cape Girardeau court be set aside. that the
Cape Girardeau and State Line Railroad
Company, the Illinois. Missouri and Texas
Railroad Company be restrained from inter-
posing plea or from enforcing or attempt-
ing to enforce the former decree.
The railroad in dispute runs from Cape
Girardeau in southwesterly direction and
q eighty-fv miles long. Tbs bill OF COM
plairit In the suit to have the mortgage
3oreciosed alleges that the railroads mem
toned a. defendants. have claims and tn
ferests in the property, using It a. q feeder.
The complainant asks that the defendants
he foreclosed OF all interest In the Illinois,
MISSOURI and Texas Railroad, and that said
abroad Be- Gdjudged liable on the bonds
and coupons AID be required to pay the
ATTORNEY Pattison Said yesterday that the
reason the suit had not been Med previous
to this time Was that the bonds were scat
tered to such an extent that NO single bold
er Of them c9red 70 take up the dght.