Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-04

ous'h ol administration herein incur.
req nnd SUFFICIENT ~ b. guaranty %
That o. March 80. 1909. The New
MfNlcu Central Railroad company did
AUTHORIZE the bonding of lis road in
the sum 81 two million FIVE hundred
fhquennu dollars llrat mortgage bonds,
ana IN the further SUM ~ two million
htc hundred thousand dollars second
mortgage bonds. that said mortgage
WIS duly made. executed and record.
"a IN the respective counties in tho
state 81 New Mcxlro through which
the said rood ran, and Was INSIDE pur-
suenl 10 the contract with the Domln.
ion Conjunction company aa fully
evidenced by the instrument Of dan
uary g. 1902 executed BY said con-
sifucli0n company and tina New Mex
Sec Central Railroad company.
That long prior 10 the coming OF
Richmond into the affairs OF the Al
buuuerQuc Eastern Halfway company
and the conception Of the plan of
merger Of the Albuquerque Eastern
Railway company and the santa va
Central Hallway company and ut thc
thine the bominiou couHirHctiun COM
pony assumed contractunl relations
with She New Mexico Central Railroad
company. neither the Pennsylvania
Development company, Torrance.
Kennedy, H0peWell, Murray. hich-
mond or tho Dominion Construction
company treated the 1900 Donds of
the Albuquerque Bostcrn Railway
company ~ eubsisilng ohlignfory
bonds as against creditors Of the A..
bnqucrquc Eastern Railway company
az there were any, and a. prior
existent TO the contract OF thu
Dominion Construction company With
the New Mexico Central Railroad
company.
'rhat the Pennsylvania Develop
ment company Mcssrs. Torrance,
Kennedy. Hopeweii, Hasen and Muir
ray. receiver OF the bank and thoaC
financially Interested with them, be-
fore the certihcatlon % the bonds
and before the execution OF the con
tract on anuary 6, 1909, and before
Charles c. Murray as receiver o. the
Enterprise National Bank 81 Ale
shcny. received said bonds, we're
cqultnnly cstoppcd from asserting that
said bonds we're u valid and legal lien
on an equitable lien for any amount
against the Albuquerque Eastern
Railway company, the Dominion Con-
structlon company or the creditors
thereof
'rhat said bonds were not legally
issued and said Murray a. receiver "
said bank received said bonds charged
with fun knowledge Of their Invalid
ity.
That Il was absolutely understood
and agreed, as most fully appears
from the acts and utterances OF the
officers Of the Santa re Central Rail-
way company ana ~ directors the
officers of the Pennsylvania Develop
ment company and It's directors,
Charles G.. Murray as receiver Of the
Enterprise National bank. a. H. Rich
mond and the officers ana directors
Of the Dominion Construction COM
pany. that whatever rights or interest
they had as individuals, officers, COR
porations or receivers Of corporations
IN the Albuquerque Eastern Railway
company or the bonds. were 20 be adj
iusted ana liduidatod by ana In the
bonds Of the New Mexico Central
Railroad company 60 be by u issued
srhat the fact that circumstances
which the aforesaid parties we're UNI
able 10 control prevented the New
Mexico Central Railroad company
from issuing bonds In manner and
form ~ provided in the mortgage or
decd OF trust mentioned On finding
thirty-thlrd. could not confer validity
on the Albuquerque Eastern Railway
company bonds or rob tho Dominion
company or It's creditors
~ their equitable lien or deprive them
81 the equitable rights.