The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1914-12-31
ORDER ENJOINING SALE OF RIGHT OF
WAY

State of South Dakota,
County of Bookings IS.
In Circuit Court. Third Judicial Circuit.
Henry l. Stearns, Anna b. Lunden,
George Eberlein, George N. Kennard
and James Maher,
Plaintiffs,
VS.. ORDER
John Culhane. Jr., as Receiver of
the Brookings and Sioux Falls Rail-
way Company, a Corporation,
Defendant.
The above entitled matter coming on
regularly for hearing before said Circuit
Court at the Court House in the City Of
Watertown, Codington County, State of
South Dakota, on this 18th day of Deem
Der, 1914, pursuant to the order heretofore
issued by said Court dated November 27th.
1914, requiring the above named defendant,
John Culhane, Jr, as Receiver of the Brook
ings and Sioux Falls Railway Company, a
Corporation, to show cause why he should
not be enjoined from selling, Offering for
sale, or conveying, the right of way strips
hereinafter mentioned. plaintiffs appearing
by Hall, Alexander & Purdy, their attorneys,
and the defendant appearing by NJ. e. Gull
hane, Olaf Eidem. and p. F. Loucks, his
attorneys, and the Court having m
the luminous complaint, and affidavit of
Henry I. Stearns. offered on behalf Of plain
tifs, and the affidavit of M. e. Culhane. and
two right of way deeds executed by Henry
I. Stearns and wife, on the part Of the de-
PENDANT, and being fully advised In the
premises,
1T is HEREBY ORDERED: That the
said defendant, his attorneys, agents, and all
persons acting by, through, or under him in
any manner, are hereby enjoined and re-
strained from selling, offering for sale, or
conveying, in any manner any Of the tracts
or parcels of land described in the Notice Of
Sale published by said defendant, John Gull
hane, Jr, in the Bookings County Press,
November 10th. 1914. and from selling,
offering for sale, or conveying, any of the
strips of land held by said Brookings and
Sioux Falls Railway Company under con-
tract or deed for right of way purposes, re-
ferred to In the complaint herein. between
Brookings and Sioux Falls, South Dakota.
during the tendency of this action, or until
the further order Of the Court.
1T is FURTHER ORDERED That the
plaintiffs file with the Clerk Of this Court
an undertaking in the sum of Three Hun
dred Dollars $500. 00) running to the said
defendant, conditioned as required by law.
said bond and the sureties thereon to be ap-
proved by the Clerk of said Court.
This injunction applies to. and protects,
the property claimed by the above named
plaintiffs. and of all other persons and
owners of real estate, similarly situated,
along the proposed line of said Brookings
and Sioux Falls Railway Company. who
shall become parties plaintiff herein and
share the expense of this action, but as to
those who have not so Joined on or before
January 21st, 1915, this injunction may be
dissolved, and shall stand as dissolved with
out further notice or motion.
II Is FURTHER mat Salu
defendant Receiver shall forthwith furnish
to Hall, Alexander & Purdy, OF Bookings,
South Dakota, attorneys for plaintiffs. a full
and complete list Of all contracts for deeds
and all deeds held or claimed by him as
such Receiver for the Brookings and Sioux
Falls Railway Company, together with the
the Post Office Addresses of the grantors
therein, or the persons to whom said land
would revert II said contracts and deeds
shall be cancelled.
1T is FURTHER ORDERED. That the
defendant shall furnish to. and permit said
Hall. Alexander & Purdy, attorneys for
plaintiffs, to take copies of all contracts for
deeds and all deeds running to said Brook
ings and Sioux Falls Railway Company
which are in the possession or control OF said
Receiver.
of this Order be published in three success
sive weekly issues Of the Bookings Weekly
Register, published at Bookings. South Da-
kota, between the date of this Order and the
21st day OF January, 1915, and copies OF
said Order to be mailed by said attorneys
for Plaintiffs, to each of the owners of real
estate along the line of said proposed rail-
way whose interest may be affected by said
action, and particularly to those whose
names shall be furnished them by said de-
PENDANT as above required. This Order shall
not present personal negotiations between
the Receiver or any parties financially Inter
ested in any Of these lands looking towards
a settlement of differences concerning the
same.
Done at watertown. South Dakota. this
18th day of Decembed. 1914.
By the Court,
Attest: Judge.
John A.. Lunden.
Clerk.