The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1910-10-22

WHICH kANt Uu0 3aAA 1AN0 1
pany the practical control OF q very
large acreage OF pas,urage or ranges
for the sheep, cattle and horses belong
ing to il. That the ownership and con-
troll Of said water for the purpose OF
carrying on q sheep and cattle raising
business gives those properties q value
very largely in excess Of their indi-
yidual values as ranches for purely
farming Purposes. Your orator has
been informed and believes and there
fore AYERS, that the said defendants,
Kimball, Turrittin aud Reynolds. In
their proposed sale Of the property and
assets of said Live Stock Company have
estimated the value Of said real estate
as individual ranches for purely farm
ing purposes.
IL. That the said trust deed con-
tanned an agreement that the trustees
mentioned in said deed should handle,
conserve and administer the assets and
property Of said Live Stock Company
as to realize therefrom the best obtain
able figures under all existing condi-
tious.
10. That at and before the execution
of said trust deed the directors and Of
fcers of said Live Stock Company were
given to understand by said trustees. or
some Of them. aud did understand and
believe, that at the time Of the execu.
ton Of said trust deed that the said
trustees would carry on the business OF
said corporation on an increased scale,
by the purchase of an additional num-
Der of sheep, and so carry on the same
until such time as the profits from the
| operations thereof should either pay
| off or very largely reduce the liabilities
| Of said corporation.
10. That in the trust deed as origin.
ally drawn and executed NJ. NJ. Van
Fleet was one Of the trustees to whom
conveyance of said property was made.
That since the execution Of said trust
deed the said Van Fleet has died. and
that by some method unknown to your
orator the defendant. Spencer Rey
nolds, has been substituted as trustee
instead of the said Van Fleet.
IA. Your orator has been informed
and believes, and therefore alleges,
that a large part of the alleged debts Of
said Live Stock Company are not actual
debts of the corporation, and therefore
not legally binding upon the same. bui
that it is the purpose of said defendants
Kimball, Torrittin and Reynolds, &c
pay the whole Of said claims. or Their
pro rata, irrespective of their lega1
validity.
Is. That your orator from such in
v~estigations as he has been able to make
into the facts and circumstances sur
rounding the giving OF the said deed o
trust by certain officers OF the said En-
reka Live Stock Company. aud upon the
advice of his solicitor. he believes, and
therefore AYERS, that the giving of said
deed was not authorized by any legally
assembled board of directors Of said cor
poration, and that there were other ir
regularities connected with the givins
and execution of said deed as will in
validate the same and render it not bind
ing upon the said corporation.
16. That all stock certificate books
stock journal. stock ledger. corporate
seal. minute book. bylaw book. accounf
books, and all other books, papers and
all the assets of the said corporation ar,
now in the possession of or under th,
control of the defendants Kimball, Tur
rittin and Reynolds. and that your ora
make any examination of the same.
II. That by orders of the Referee il
Bankruptcy, bearing date Of the I'll
day of October. 1910. your orator a
trustee in bankruptcy of the several es
tates of Oscar ]. Smith, Minnie d
Smith and W. E. Grifiu, was duly an
thorized and empowered to bring thi
action against the defendants.
Is. Your orator believes. and there
fore charges that the appointment Of
receiver is necessary to the proper pre-
servation Of the property and assets O
the said Eureka Live Stock Company
to preserve the same from loss anl
damage. and to manage a sale Of tn,
same at such time and in such manner
as may pay all just debts aud liabilities
aud preserve and retain for the stock
holders Of said corporation the sub
stantial values to which they are law
fully entitled.
To the end therefore. that your oratoI
may have that relief, which he can only
obtain in q Court Of Equity, and tina
the defendants may answer the pre-
mises, but moi upon oath or affirmation
the benefit whereof is expressly waived
by your orator, he now prays the Court
1. That the defendants, A. E. Kim
hall r q Tnrritin and Cna,na- De-