Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-01-30
INJUNCTION RESTRA|Ns
SALE OF LITTLE THEATRE
Hill Montague Secures Order From
Judge Crump, Staying Auction
on Monday.
WOULD HURT NoTE.HoLDERs
Bill Filed by Petitioner Charges That
Uncertainty of Amounts Due Nu-
mcrous Iicnors Would Prevent In
telliEent Bidding at Sale.

Upon the application Of Hill Mon
taGue, holder OF a note for s2.1GI.SG, Sc
cured by deed OF trust on the PROV
crty. Judge Crump. of the Law and
Equity Court. yesterday issued an in
junction restraining -. l.. Goldman.
trustee. from selling at public auction
on February ! the Broad Street prop
crty known as the Little Theatre. The
Injunction expires on May !, unless
previously enlarged by the court
ID. l.. Goldman. through Morton G..
Thalhimer. auctionecr. advertised the
property for sale at public auction at
/ o'clock Monday afternoon. TO satisfy
"A deed OF trust for $4,000 dated Scptem-
Der Il. 1914. payment OF which has been
dcfaulied. The advertisement OF sale
lists also seven other deeds Of trust on
the same property to he taken care Of
as prior liens from the proceeds OF the
sale
The action fled yesterday By IIill
Montague names AZ defendants ". l..
Iiofhcimcr, Ncttic II. Hofh-imer. G. l..
Lewis {. Bosher. trustee: Harold s..
Rloombcrg. trustee: Alvin T.. Hutzler.
trustee; Geddes II. Winston, trustee.
and ID. l.. Goldman, trustee. +
SAYS NOTES on THEATRE
AGGREGATE $4,000
In his bill, Mr.. Montague sets forth
that the Little Theatre is encuinh her cd
with numerous deeds OF trust and that
the notes given by the present owner
NJ. l.. liofhcimcr. aggregate $4,000 and
arc In the hands Of numerous unknown
parties. Furthermore. he charges that
II IL Impossible. on account OF the large
number OF notcholdcrs, to ascertain the
status of the Little Theatre property
and the amo1nts due on the notes Sc
cured by it. and that the rights OF the
notcholdcrs arc complicated and un-
certain. The bill lists nine deeds Of
trust ON property owned by NJ l.. Hof-
heimcr. which includes az security the
Little Theatre.
Complaint Is made TO tho court that
the sale OF the property at this time
will work a hardship on numerous note
holders holding liens OF the propcrtv;
that the uncertainty of the amounts due
these noteholders Will make IL impossi
bile for any one TO bid intclligcn,ly AZ
sale; that In tho instances where Ger
tain parties are primarily liable which
notes were assumed by Mr.. !Iofh"imnr.
payments have been made ana credits
given which are uncertain and un
known, and that there Is no certain
ana definite knowledge OF the amounts
due under the various deeds OF trust
The pill charges, furthermore, that
some, II not all, OF the unknown note
holders in the deeds OF trust under
which the proposed sale Is to take place.
have not reported their notes TO the
Commissioner OF the Revenue and have
no legal right to make tho sale
Mr.. Montague alleges that tho rents
and profits from the operation OF the
Little Theatre are considerable" and
that they should be appropriated for
the purpose of carrying the propcrty
for the various noteholdcrs and ncnors.
To this end tho court Is requested by
the petitioner to appoint receiver to
take charge OF the Little Theatre and
operate IT under tho direction OF the
court
In the order entered by Judge Crump
restraining the sale on Monday, no
notice is taken OF tho request for re-
cciver. Mr.. Montague was required to
furnish bond in the sum of $3.50.