Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-09-24

TO Everett R. Drummond Of Water
Vile in the County of Kennebec and
State Of Maine,
WE COMMAND YOU that you APP
pear before our Supreme Judicial Court,
and for the County of Kennebec on the
first Tuesday of November next then
and there to answer to a bill OF COM
plant exhibited against you by The
poration created by law. and located at
Portland in the County of Cumberland
and said State. and to do and receive
what our said Court shall then and
AND WE COMMAND you. and each
of you, to file with the Clerk of said
Court, within thirty days after the re-
turn day hereof, your demurrer. plea
HEREOF FAIL NOT, under the pains
and penalties of the law in that behalf
provided.
Justice of our said Court. the
twenty-second day of september
in the year of our Lord one thou
sand nine hundred and fifteen
c. w. JONES, Clerk.
STATE OF MAINE.
kennebec. SIS. Supreme Judicial Court
MAINE CENTRAL RAILRoAD COM
PANY.
EVERETT R. DRiuMMoND, ct ais.
The Maine Central Railroad Company.
corporation created by law. and To-
Gated at Portland in the County OF
Cumberland, and State of Maine. COM
plains against Everett r. Drummond OF
Waterville, in the County of kennebec
and State of Maine. Trustee, and against
the. several holders of the bonds here
matter referred to. and says:
l., That on the 18th day of October
a corporation then established BY. law
under the laws of the State of Maine,
executed a mortgage to Joseph X. BOO
we'll of Hallowell in said County OF
EFT r. Drummond, both of Waterville in
Bodweli. Webb and Drummond. trus-
tees, and their successors in joint ten.
said Somerset Railway, running from
its junction with the Maine Central
Railroad in Oakland in said County of
kennebec to its terminus in Bingham
in the County of Somerset. and situated
in the counties of kennebec and SOM
erset. with the franchises of said COM
pany. and all its real estate and all its
personal property of every nature used ed!
then possessed or to ne thereafter ac-
CURED
= That said mortgage was given to
secure the payment of an authorized
issue of bonds Of said Somerset Rail
way to an amount not exceeding in the
whole s225.ooo. payable at Boston in
the Commonwealth of Massachusetts.
and at the Treasurer's office of said
Company in thirty years from the first
day of July. 1887. with interest at the
rate of five per cent. (5Tc( per annum.
payable semi-annually in Boston and at
the Treasurers office of said Company.
according to the coupons annexed to
each bond and that all said bonds
amounting in the whole to $4,000 were
issued and are still outstanding.
said Edmund F. Webb are dead, and
the trust created by said mortgage has
not been fully executed. whereby a va
cancy in said board of trustees exists;
that the said mortgage makes no pro-
vision for the appointment of successors
to such of said trustees as might die;
that it is necessary that successors to
pointed and qualified, and that Samuel
w. Philbrick of Skowhegan, in the said
County of Somerset, and Carroll y.
Perkins of Waterville in said County of
kennebec. are qualified and willing to
act as said trustees.
4. That the said Maine Central Rail-
road Company has acquired the title of
said railroad from said Somerset Rail
WHEREFORE the plaintiff prays:
l. That the said Everett r. Drum
mond may be required to make full
answer T,a to this this s so%pi sane, W Phil
brick may be appointed by this Honor
able Court to succeed the said Joseph
r. Bodwell as trustee under said mort
gage. and that the said Carroll n. Per-
kins may be likewise appointed to sue
coed the said Edmund F. Webb as trus-
tee under said mortgage.
3. That the said Everett r. Drum
nond may be authorized and directed to
execute and deliver any and all instru-
ments which may be necessary or proper
to vest or confirm in said succeeding
trustees the title in and to the property
described in said mortgage. and the
powers and duties thereby conferred
upon the trustees therein
4. That the plaintiff may have such
other and further relief as to this Hon
orable Court may seem meet.
8. That writ of subpoena may is
sue to the said Maine Central Railroad
Company directed to said Everett r.
Drummond. thereby commanding him to
be and appear before this Honorable
Court and make answer to all and sin
gular the premises. and stand to and
perform and abide such orders and de-
crees therein as may be made by this
Honorable Court.
s. That this Honorable Court will or
der such notice as it may deem proper
to be given to the holders of the bonds
hereinbefore described.
Portland, Maine, September eth 1915.
MAINE CENTRAL RAILROAD
COMPANY.
By Morris Mcdonald,
President
Seth NJ. Carter. Attorney.