The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1915-01-07
ORDER ENJOINING SALE OF RIGHT OF
WAY

State OF South Dakota,
County of Brookings SIS.
In Circuit Court, Third Judicial Circuit.
Henry 1. Stearns, Anna p. Lunden.
George Eberlein, George N. Kennard
and James Maher,
Plaintiffs.
vs. ORDER
John Cuihane. Jr. as Receiver OF
the Bookings 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
Waterfowl. Codington County, state OF
South Dakota, on this 18th day Of Deem
her. 1914, pursuant to the order heretofore
issued by said Court Gated November eth,
1914, requiring the above named defendant
John CulhIne, Jr, az Receiver OF the Brook
ings and Sioux Falls Railway Company, a
Corporation, to show cause why he should
not be entoined from selling, offering for
sale, or conveying, the right OF way strips
hereinafter mentioned. plaintiffs appearing
by Hall, Alexander e. Purdy, their attorneys,
and the defendant appearing by M. T.. Gull
hane, Olaf Eden, and p. F. Loucks, his
attorneys. ard the Court having examined
the m complaint. and aHidavit of
Henry I. Stearns. offered on behalf OF plain
tins, and the AFFIDAVIT OF NJ. f.. 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 That the
said defendant. his attorneys, agents. and ali
persons acting by, through, or under him in
any manner, are hereby entoined and re-
strained from selling. offering for sale. or
conveying. In any manner any Of the tracts
or parcels OF land described I'm the Notice OF
Sale published by said defendant. John Gull
hane, Jr, in the Brookings 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 rs That the
plaintiffs file with the Clerk of this Court
an undertaking in the sum OF Three Hun
dred Dollars $4,000 running to the said
conditioned as required by law,
said bond and the %sureties thereon to be APP
proved by the Clerk of said Court.
This injunction applies to. and protects,
the property claimed by the above named
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 2ist, 1915, this injunction may be
dissolved, and shall stand as dissolved with
out further notice or motion.
1T rs FURTHER ORDERED. That said
Receiver shall forthwith furnish
to Hall. Alexander & Purdy, OF Brookings,
South Dakota, attorneys for plaintiffs, n full
and complete list of all contracts for deeds
and all deeds held or claimed by him as
such Receiver for the Brooking s and Sioux
Falls Railway Com pany. together with the
the Post Office Addresses OF the g~rantors
therein, or the persons to whom said land
would revert II said contracts and deeds
shall be cancelled.
1T IS FURTHER ORDERED, That the
shall furnish to, and permit said
Hall. Alexander q Purdy, attorneys for
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
II IS FURTHER ORDERED. That a copy
Of this Order be published In three success
weekly issues of the Brookings Weekly
published at Bookings, South Da-
Sota, between the date of this Order and the
day of January, 1915. and copies OF
laid Order to be mailed by said attorneys
'or Plaintiffs. TO each OF the owners of real
state along the line OF said proposed rail-
iction. and particularly to those whose
names shall be furnished them by said de-
endant as above required. This Order shall
lot prevent personal negotiations between
he Receiver or any parties financially inter-
ested IN any OF these lands looking towards
/ settlement OF differences concerning the
Done at Waterfront. South Dakota, this
9Th day OF Decembed. 1914.
BY the Court.
Seal of Circuit Court) c. g. SHERWOOD.
Attest: Judge.
John A. Lunden.
Clerk.