The Montgomery advertiser., 1906-03-29
IRON COMPANY CASE
JUDGE JONES MAKES TWO IM-
 PORTRAIT ORDERS.
Mir. stflIman is Continued as Receiver of Dexaib County Corporation Verdict Returned fer Miss
 Carroll.

Two orders having important bear
 ing upon the bankruptcy proceedings of the Lookout Mountain Iron Com
 pany of DeKaIb count:- were made by
 Judge Thomas c. Jones of the United States Court yesterday.
 One of these orders bore reference to the claims of ]. G. Battelie and others. secured creditors. against the defunct concern. and the other re- l ferred to the claims of James and Company and others who are unsecur- l ed creditors of the game corporation. Regarding the proceedings of the
 former. the judge ordered the reten- tion of the receiver previously ap- pointed in the involuntary bankruptcy proceedings. as custodian of the property of the. iron company. whether the present proceedings be dismissed
 or deemed proper by the court. until
 an accounting of this property to the
 court shall have been made. The order | follows:
 Tn the Circuit Court of the United States? For the Southern Division of the Northern District of AlF bama.
 "J. G. Battelle, ct al vs. The Lookout Mountain Iron Company.
 Whereas. since the filing of the bill. and appointment of a receiver in this cause. certain creditors of said
 Lookout Mountain Iron Company have
 filed proceeding against 1t in involun- tary bankruptcy, and have also asked for the appointment of receiver pending adjudication,
 And whereas, The Court is desirous to protect the interests of the creditors. who are petitioners in the bankruptcy proceeding, and especially if said bill | in equity is dismissed. pending the
 consideration of the adjudication in bankruptcy,
 Tt is thereupon ordered. adjudged
 and decreed for the purpose of carry ing out the spirit and intent of an order this day made in the bankruptcy petition that in event said bill be dis l missed. or in event, the court shall hereafter determine that a receiver | In the bankruptcy proceeding be prop | CT, or the said company is adjudged a bankrupt, the receiver appointed in the equity cause. shall not be discharged from his said trust although the bill cause be dismissed, until the further | order of the court. but shall hold the property of said comi any in his hands, as custodian for the court for an ac- counting to the court of bankruptcy, | if the court shall deem a receiver
 advisable therein before the bill be
 dismissed, or in event said company
 is adjudged a bankrupt.
 Tt is further ordered, adjudged and
 decreed that the receiver before ap- plying for orders respectiag the property of said Lookout Mountain Iron
 Company, shall give reasonable notice
 to the attorneys for petitioners in said
 bankruptcy proceedings. and of the
 time and place of hearing the same,
 the court expressly reserving the right
 to said creditors to object to order,
 and move for orders in this proceed
 ing, without in any manker waiving
 any right that they may have to object | to the bill in this case. or the appoint
 ment of receiver thereon. This
 March 2S, 1906"
 l The second order appoints Charles | A. Sttllman, who has been acting, on | order of the court, as receiver in the
 present proceedings, to act also as the
 receiver in the event of the account l ing being called for as indicated in the | first order. This order follows: Tn the District Court of the United
 States. for the Southern Division of
 the Northern District of Alabama. "In re James and Company, ct al Tn the matter of the Lookout Noun
 tain Iron Company.
 Whereas, A petition has been filed by certain creditors of said Lookout
 Mountain Iron Company to adjudge
 said company a bankrupt and in the 1 meanwhile, to appoint a receiver for the preservation of the assets of the l alleged bankrupt;
 And whereas, the property and sef- fects of said Lookout Mountain Iron Companys are now in the hands of 2
 receiver appointed by the Circuit Court
 of the United States, for the Southern Division of the Northern District of
 Alabama, in the cause of J. c. Bat telle, ct all versus Lookout Mountain
 Iron Company, and the court having
 of its own motion declined at this time
 to hear the petition for the receiver.
 not now deeming 1t necessary. which
 petition and motion are continued un-
 til the further order of the court;
 And whereas, The court is desirous that in event there be adjudication.
 that the assets be held in statu quo
 just as though the receiver in the equi-
 ty cause had been appointed in this cause. It Is, thereupon, ordered. ad
 judged and decree that Charles A.
 Stillman. receiver in said equity cause,
 shall hald the assets In his hands sub
 tect to such further orders as the court
 may make in the bankruptcy proceed ing This March 29th 1906"