Circuit Court of the United States.
DISTRICT OF NEW HAMPSHIRE.
OCTOBER TERM, A. E>. 1885.
MERCANTILE TRUST COMPANY,
.. . vs.
THE PORTLAND & OGDENSBURG R. R. CO. et Als.
^ Upon motion by counsel for the Mercantile Trust Com¬
pany, and by counsel for the city of Portland, who alleged
that by the final decree in this cause filed on the twelfth
day of May in the year of our Lord eighteen hundred and
eighty-five, it was ordered, adjudged and decreed, that there
had then become due and payable upon the bonds given by
the Portland & Ogdensburg Railroad Company, and secured
by the mortgage from said Company dated the first day of
November, in our ^j0r(^ eighteen hundred seven¬
ty-one, and by 44*e- other mortgages t hereinafter set out, the
spm of one million, five hundred ninety thousand seven hun¬
dred forty-four [$1,590,744] dollars; and that the same was
then still owing by said Portland & Ogdensburg Railroad
Company, and was secured by said mortgages and each of
tliem; and that the failure to pay the sum due as aforesaid
was a breach of the conditions of the mortgages aforesaid,
"" 1 r n"""> |"rlirrh'r1;/
And further that the said Portland & Ogdensburg Rail-
o o
road Company, or persons or corporations claiming by,
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through or under it, might within six months thereafter pay
into the registry of this Court said sum of one million five
hundred ninety thousand seven hundred forty-four [$1,590,
741] dollars, being the amount overdue and payable as
aforesaid, to be distributed by this Court to the persons enti¬
tled to receive the same, and might likewise pay into the
registry of said Court all other sums coming due and paya¬
ble within said six months as aforesaid, said latter sums to
be likewise distributed by said Court to the persons entitled
to receive the same ; and that in default of such payments
by said Portland & Ogdensburg Railroad Company, or by
persons or corporations claiming by, through or under it,
whether of said sum of one million, five hundred ninety
thousand seven hundred forty-four [$1,590,744] dollars,
then already due and payable as hereinbefore set out, or of
said other sums coming due and payable within said six
months, said Portland & Ogdensburg Railroad Company
and all persons and corporations claiming by, through or
under it, should be forever barred and foreclosed from re¬
deeming from any of the mortgages following, to wit: the
mortgages from said Portland & Ogdensburg Railroad Com-
pany to Samuel E. Spring, Weston F. Milliken and George
F. Emery, dated the first day of November in the year of
our Lord eighteen hundred seventy-one, and to Samuel E.
Spring, Weston F. Milliken and Nathan Webb, dated the
first day of April in the year of our Lord eighteen hundred
eighty-two, and to Samuel E. Spring, Weston F. Milliken
and Nathan Webb, dated the fifteenth day of May in the
year of our Lord eighteen hundred eighty-two, and to
Samuel E. Spring, Nathan Webb and Weston F. Milliken,
dated the twenty-fifth day of February in the year of our
Lord eighteen hundred eighty-four; and that thereupon said
Weston F. Milliken, Nathan Webb and Horatio N. Jose, as
trustees,*uixl »Lu^ hoboy ilwi nummma ,ninit:l.g:ijdpy
3
nf n iin<ir 1 IT pjppp.^gQri their survivors, successors
and assigns would and should become, as such trustees, abso¬
lutely the owners of all the railroad of said Portland &
Ogdensburg Railroad Company, located and to be located
in Portland in the State of Maine, and thence to its ter¬
mination at the western boundary line of the State of New
Hampshire, and of all the stations and fixtures appurtenant
thereto, and of all rights acquired by lease or contract in
any railroads forming any part of the through line from
Portland to Ogdensburg, and of all lands and tenements
ever taken or held by said Portland & Ogdensburg Railroad
Company for the purposes of its railroad, arrd of all the fran¬
chises of said Portland & Ogdensburg Railroad Company to
build, maintain and operate said railroad, granted by said
states of Maine or New Hampshire, and of all the cars,
engines or other movable furniture, machinery and equip¬
ments of said railroad, and of all other personal property
appertaining to or connected with the customary use and
working of said railroad and machinery thereof, and of all
the privileges and appurtenances thereof or belonging
thereto, and of all other property, franchises, rights and
privileges conveyed or intended to be conveyed by said
mortgages or any of them, subject to the prior mortgage
from said Portland & Ogdensburg Railroad Company dated
the first day of November in the }^ear of our Lord eighteen
hundred seventy, and to the liens and liabilities which have
been, or may be created or incurred by Samuel J. Anderson,
appointed in this cause receiver of said railroad and its ap¬
purtenances, or by his successors, but free from all claims
and rights of the said Portland & Ogdensburg Railroad
Company, or persons or corporations claiming b}r, through
or under it, to redeem the same, or any part thereof, from
said Webb, Milliken and Jose, as such trustees, their succes¬
sors, survivors or assign**'; •
4
• And further that said Portland & Ogdensburg Railroad
Company, and all persons and corporations claiming by,
through or under it, were ordered, unless it or they
pay said sums aforesaid within the time aforesaid, to execute*
from time to time, as might hp requested, all such deeds
and other instruments atTy§jjTbe from time to time- found
desirable to give full effect to fch-rsr said decree, or to the
intentions of the same ;
\ ;■ f
And further that said Portland & Ogdensburg Railroad
Company, and all persons and corporations claiming by,
through or under it, except persons and corporations claim¬
ing by, through or under said receiver, or by, through or
under said mortgage dated the first day of
the year of our Lord eighteen hundred and seventy^ be per¬
petually enjoined and restrained from claiming or setting up
any claim or title adverse to the title of said Webb, Millike n
and Jose, as trustees, their successors, survivors or assigns,
and from claiming or setting up any claim or title inconsistent
with an absolute and unconditional title in said Webb, Milli¬
ken and Jose, as trustees, their survivors, successors or assigns,
unless said corporation, or persons or corporations claiming
by, through or under it, should pay said sums within the
period of six months aforesaid;
And which counsel further alleged, that neither said sum
of one million, five hundred ninety thousand seven hundred
forty-four [$1,590,744] dollars, nor the other sums coming
due as aforesaid within said six months, nor any part of
either of said sums, has since been paid into the registry of
the Court as provided in said decree, nor otherwise paid ;
but that the whole of all the same still remains due and
owing;
5
And it appearing to the Court by an inspection of its own
proceedings and records, and by the ' certificate of its clerk, #
and by the affidavits or said Webb, Jose and Milliken, that^^*^7
-fche allegations of said counsel for the Mercantile Trust
Company and for the said city of Portland, are true, and
especially that none of said sums, nor any part thereof,
has been paid, either into the registry of the Court, or
otherwise ;
Thereupon this Court doth order that said Portland &
Ogdensburg Railroad Company, and all persons and corpo¬
rations claiming by, through or under it, be and are forever
barre^g^d foreclosed from^mlepming from any of the mort¬
gages^ aforoeaS^lo wit, the mortgage to said Spring, Milli¬
ken and Emery dated the first day of November in the year
of our Lord eighteen hundred seventy-one, and the mort¬
gages to said Spring, Milliken and Webb, dated respectively
the first day of April in the year of our Lord eighteen hun¬
dred eighty-two, the fifteenth day of May in the year of our
Lord eighteen hundred eighty-two, and the twenty-fifth day
of . February in the year of our Lord eighteen hundred
eighty-four; and that said Weston F. Milliken, Nathan
Webb, and Horatio N. Jose, as trustees, their ounhmivj,
KUttCfttitiLM's—'Hifil auijig'Mu:, have become, as such trustees,
absolutely the owners of all the railroad of said Port¬
land & Ogdensburg Railroad Company, located, and to
be located in Portland, in the State of Maine, and thence to
its termination at the western boundary line of the State of
New Hampshire, and of all the stations and fixtures appur¬
tenant thereto, and of all rights acquired by lease or con¬
tract in any railroads forming any part of the through line
from Portland to Ogdensburg, and of all lands and tene-
O CT7 ^
meats ever taken or held by said Portland & Ogdensburg
Railroad Company for the purposes of its railroad, and of
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all the franchises of said Portland & Ogdensburg Raflroad
Company to build, maintain and operate said railroad,
granted by said States of Maine or New Hampshire, and of
all the cars, engines, or other movable furniture, machinery
and equipments of said railroad, and of all other personal
property appertaining to, or connected with the customary
use and working of said railroad and machinery thereof, and
of all the privileges and appurtenances thereof or belonging
thereto, and of all other property, franchises, rights and
privilege^^^j^ey^d^j^r^ntende^tg be conveyed by said
mortgaga|^or any of them, subject to said prior mortgage
from saiu Portland & Ogdensburg Railroad Company, dated
the first day of November in the year of our Lord eighteen
hundred and seventy, and to the liens and liabilities which
have been, or may be, created or incurred by Samuel J. An¬
derson, appointed in this cause receiver of said railroad and
its appurtenances, or by his successor, but free .from all
claims and rights of the said Portland & Ogdensburg Rail¬
road Company, or persons or corporations claiming by,
through or under it, to redeem the same or any part thereof,
Rom said Webb, Milliken and Jose, as such trustees, their
successors, survivors or assigns.
And it is further ordered that said Portland & Ogdens¬
burg Railroad Company, and all persons and corporations
claiming by, through or under it, shall execute from time to
time, as may be requested, all such deeds and other instru¬
ments as may from time to time be found desirable to give
11 'v' J ' Jl 1 r ' I, and to this order, and to
And it is further ordered that said Portland & Ogdens¬
burg Railroad Company, and all persons and corporations
claiming by, through or under it, except persons and cor¬
porations claiming by, through or under said receiver, or by,
through or under said mortgage, dated the first day of
November in the year of our Lord eighteen hundred seventy,
be perpetually enjoined and restrained from claiming, or
setting up any claim or title adverse to the title of said
Webb, Milliken and Jose, as trustees, their successors, sur¬
vivors or assigns, and from claiming or setting up any
claim or title inconsistent with an absolute and uncondi¬
tional title in the said Webb, Milliken and Jose, as trustees,
their survivors, successors or assigns. J