0001

To the Honorable Edward G. Rice Judge of the Sangamon County Circuit Court in Chancery sitting

Humbly complaining sheweth with your Honor your orators George W Riggs Adolphus & Kieckhoefer and John Elliott partners doing business under the name style and firm of Riggs & Co at the City of New York and The Farmers Loan and Trust Company “a Corporation created under and by virtue of the Laws of the State of New York, Edward S. Whelen and John S. deHavilland of the State of Pennsylvania, John J Sullivan, Peter G. Washington and William E Tabbs of the city of Washington, District of Columbia, Joseph Smith and George D. Blackford of the United States Navy, Allen B Davis of Maryland, Joseph Bryan of Alabama Edward S. C? (amended Sept 12 1859) RS Patterson Joslina? Riley J. F. May Richard D Cutts and Roswell J Burrows George W Riggs Jr.

That by virtue of an Act passed by the People of the State of Illinois represented in the General Assembly approved the first day of March A D 1845 the subscribers for the stock therein created and provided for were constituted a body politic and corporate by the name of the Sangamon and Morgan Rail Road Company and by said Act it was provided upon certain considerations therein specified that said corporation should be organized and invested with all the right and title of the State of Illinois to that part of the Northern Cross Rail Road lying between 0002 Springfield and the Illinois River including the right of way which had been in use by the State of Illinois together with such lands and buildings along the line or in the vicinity of said Road and such locomotive's engines cars and other articles as should be sold by the Governor of the State of Illinois under the authority which had been or might be conferred upon him by Law

And your orators further represent that by virtue of an Act passed by said General Assembly approved on the sixteenth day of February A D 1847 the Governor of the State of Illinois was authorized and required to sell at public auction to the highest bidder for legal evidences of State indebtedness the property therein described being that part of the Northern Cross Rail Road lying between Springfield and the Illinois River at Meredosia with all the buildings & lots connected therewith and their appurtenances? and the lateral road to Naples with its lost and buildings and appurtenances and other property as therein described and it was declared that the purchaser thereof should be substituted for and in the place of the subscribers for the stock created by the act-first above mentioned and that all the rights, powers, privileges, and granted to or conferred upon aid subscribers by said act should be granted to and conferred upon said purchaser subject to the limitations and provisions contained in the last mentioned act and that said purchaser should be deemed 0003 and held to be the subscriber for the whole of the capital stock authorized to be subscribed for by the secured section of the act first above described said last mentioned act also provided for the appointment of Directors and the organization of said Company

And your orators further shew that on the twenty sixth day of April A D 1847 the Governor of the State of Illinois sold he property described in the act last aforesaid in the manner specified therein and conveyed the same to the purchasers Joel A Mattersen and Nicolas H Ridgely that said Mattersen afterwards conveyed his interest in the same to said Ridgeley who conveyed the same to the Sangamon and Morgan Rail Road Company, and that said Company was duly organized according to the provisions of the last mentioned act and took possession of the property thus conveyed

And your orators further shew that by an Act of the General Assembly of the State of Illinois approved February 12th A D 1853 the name of the Sangamon and Morgan Rail Road Company was changed and declared thenceforth to be “The Great Western Railroad Company” and by and matter the name said corporation should thenceforth be known 0004 and have its corporate existence and hold and be possessed of all the rights powers and privileges granted to said Sangamon and Morgan Railroad Company in the original charter of said Company as also under the amendments made to said charter and should be and become invested with all the property and estate of co? kind whatsoever vested in the name of the said Sangamon and Morgan Rail Road Company and become liable to all the restrictions contracts and obligations made or incurred in their original name and that said act was accepted and the amendments therein made were approved afterwards by the Sangamon and Morgan Rail Road Company as will were fully appear by their certificate

And your orators further shew that by an Act of the General Assembly of the State of Illinois approved in the 18th day of February A D 1847 the Sangamon and Morgan Railroad Company was authorized to take possession of and complete the Northern Cross Railroad from Springfield to, the Town of Covington in the State of Indiana upon the write? and line located by the agents of the State, with permission to vary the location, to sl? The distance and lesser the expenses of construction, not departing from any towit on the line thereof; and the said road together with the right of way would or possessed by the State, and all the Lots and lands, held by the State on the line thereof, for depots, offices, shops, eugice?— houses and turnouts were granted to said 0005 Company upon certain conditions therein specified which act was amended by an act of said General Assembly approved the 15th day of February A D 1851 under which acts said Sangamon and Morgan Railroad took possession of said Road and performed the various cicuitores? specified in said acts and because the owners of said par? of said Northern Cross Railroad extending from Springfield by the Town of Decatur to the Eastern boundary of the State of Illinois and that afterwards the Great Western Railroad Company became the owners of the same under and by virtue of the Act above specified approved the 12 day of February A D 1853

And your orators further shew that under and by virtue of the Laws of the State of Illinois said Great Western Railroad Company was authorized to borrow money for the use and benefit of said Road — to issue its Bonds and give security therefore and for this purpose said Company did on or about the first day of April A D 1853 borrow the sum of one million of Dollars and issue therefore Nine hundred Bonds or writings obligatory each for the sum of on Thousand Dollars and Four hundred Bonds or writings obligatory each for the sum of five hundred dollars with interest at the rate of ten 0006 per ce? per annum payable semi annually at the office of said company in the city of New York in the first days of April and October of each and every year, the principal of said Bonds being payable on the first day of April A D 1868 at the office of the Company in Springfield Illinois. And for the purpose of security the payment of said Bonds and the interest therein as is— should become due said Company executed a Deed of Trust under the corporate seal of said Company and caused the name of their President to be signed thereto upon the fifteenth day of March A. D. 1853 a copy of which said Deed of Trust for greater certainty is herewith filed marked Exhibit “A”and prayed to be taken as part of the Bill By which said Deed of Trust-said Great Western Railroad Company granted bargained and sold transferred and set over for the consideration therein mentioned to the Farmers Loan and Trust-Company a Confirmation created by or under the Laws of the State of New York it successors and assigned forever all the said Railroad therein mentioned lying between Springfield and the Illinois River and the right and title of said Great Western Railroad Company to the Land on which the said Railroad is constructed together with the right of way theretofore acquired or possessed by the State of Illinois including the Depot— Eugene House Shop and Lots on which they are situated in Springfield— the Depot and Lost 0007 on which it stands in Berlin-the Grance House elected in Jacksonville for offices and the Lot on which it stands — the Eugenie House and Turn Table near Jacksonville and the Lot on which they are situated— the Depot in Morgan City and the Lots on which it stands the Eugenie House Turntable and Depot at Meredosa and the Lots on which they are situated = the main road to Naples the Depot in Naples and Lot on which it stands with all the appurtenances to the Lots Road Buildings and Offices above enumerated and all franchises privileges and rights of the said party of the first part of or concerning the same and also all the right of way heretofore acquired and procured by the State of Illinois and were vested in the said Great Western Rail road Company being between Springfield and Decatur and the line and location of the Illinois Central Rail Road Company and all the embankments, bridges, abutments and other structures thereon and all the said road station lots and grounds, depots, and other Buildings now constructed and built or hereafter to be constructed and built together with all the grounds were possessed or to be acquired by the said Great Western Rail Road Company and the tracks buildings and other constructions for? or to form the connection of the said extension with the said Illinois Central Rail Road and the tracks 0008 thereof with all the appurtenances to the above described premises in au? belonging and all the franchises privileges and rights of the said party of the first part to said deed of trust — of, unto or concerning the same To and to hold the above gra? And described premises with the appurtenances thereto belonging unto the said party of the secured part in said deed of trust its successors and assigns forever In Trust nevertheless for the person or persons, bodies politic or corporate who were or should become holders of the said Bonds or any of their subject to the terms and stipulations of the said Bonds and the provisions of the several acts of the Legislature of Illinois relating to the said Company party of the first part and also subject to the possession control and management of the Directors of said Company so long as said Company s? will and truly perform all and singular the stipulations of the Bonds aforesaid and the covenants of said deed of trust and the said Great Western Railroad Company for themselves, their successors and assigns by said deed of trust covenant with said Farmers Loan and Trust Company its successors and assigns that in case of twelve ??ttes default to pay either interest or principal of said Bonds when due and demanded and upon request in writing of any one of the holders of said Bonds in which interest 0009 or principal is not duly paid as aforesaid said Trustees might and should take actual possession of said railroad and of all and singular the property and effects mortgaged and through the agency of the persers? The may form twice to appoint, shall rec? the income and profits of said Railroad and mortgaged property for the purposes of the security— hereinbefore declared first defraying out of the sa? the expenses of the road and its needful repairs and the Trustees should be liable responsible and accountable for the exercise of reasonable diligence in the management of said Trust— and not for the acts of the agent or agents by t? f? time to time appointed under said deed of trust and said conveyance was made upon the express condition and limitation that upon the payment and satisfaction of the principal and interest of each and every of said Bonds the estate thereby created should immediately be reinvested in law and in fact in said Great Western Railroad Company without — any entry or other act- And your orators further shew that said Farmers Loan and Trust Company agreed to accept said Trust — and to carry out the provisions of the same and entered upon the duties thereof

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And your orators further shew that said Deed of Trust was duly acknowledged and recorded in the Recorders Office of the County of Sangamon State of Illinois and that said Deed of Trust was intended to include and did include all the equipments and rolling stock and furniture of said road and that your orators h? a lieu upon these for the allowances they ha? Made

And your orators further shew that they are the holders and bona fide owners of the Bonds and coupons attached numbered and described in the annexed schedule marked Exhibit “B” which they pray may be taken as part of this Bill — the payment of which Bonds were designed to be secured by said Deed of Trust

And your orators file herewith copies of the Laws above referred to chartering the Sangamon and Morgan Rail Road Company and the Great Western Railroad Company and all the acts amendatory thereof duly authenticated and the charter of the Farmer's Loan and Trust Company of New York duly authenticated and a copy of said deed of Trust with the certificates of acknowledgement and recording and also all the Bonds and the coupons attached thereto which are numbered and described in aid schedule marked Exhibit“B” Also a copy of the authorizing the sale of that furniture of 0013 the Northern Cross Rail Road lying between Springfield and the Illinois River and the lateral road to Naples and the act conveying to the Sangamon and Morgan Rail Road Company that portion of the Northern Cross Rail Road lying between Springfield and the Eastern boundary of the State of Illinois all duly authenticated also the conveyance from the Governor will? sale to said Mattersen & Ridgely and the conveyance by Mattersen to Ridgely and from Ridgely to the Sangamon and Morgan Rail Road Company with the certificates of recording & acknowledgement— all of which are hereby made w part this Bill and they pray may be taken and considered as part thereof

And your orator further shew that the coupons that were due as specified in the schedule hereto attached marked “Exhibit C” and made a part of this Bill and upon the Bonds as described in said schedule marked “Exhibit — C” were on the first & second days of April A D 1857 presented on behalf of the owner's thereof at the office of said Great Western Rail Road Company in the city of New York for payment thereof and payment thereof was then and there demanded and refused by said Company

0014

And your orators further shew that more than twelve hour elapsed since default was made in the payment of said interest— in aid Bonds and since the demand was made and payment refused as aforesaid And they charge that no interest has been paid on said Bonds since the first day of April A D 1857, that the said Rail Road earns sufficient to pay the interest besides the necessary expenses of the road but that said company, has misapplied the earnings and receipts and are still misapplying the same to the great wrong and injury of your orators and that they refuse to appropriate sufficient recovery from the receipts and earnings of the road to pay the accruing interest on the Bonds held by your orators and that they are thereby defrauding your orators of that which is justly done to them. That said Farmer's Loan and Trust Company after twelve default in the payment of said interest demanded of said Great Western Rail Road Company the possession of said Road in order to protect the interests of the Board holders possession thereof was refused by said Rail Road Company and that said Rail Road Company are now indebted unto those of your orators holding Bonds in the sum of about fifteen Thousand two hundredDollars for unpaid interest

And your orators further shew that since the execution of said Deed of Trust several other mortgages or Deeds of Trust have been made by said Great Western Rail Road Company to said Farmers Loan & Trust Company for the benefit of other Bond holders and that John N. A. Griswold and Levy M Wiley and ? and ? and also John Na Griswold as Executor of George Watson deceased and Susan G Phelps William E Dodge Daniel James, James Stokes, William E Dodge Junior and D Willis James Partners 0015 under the name and style of Phelps Dodge & Co all claim or pretend to claim some right title and interest in said Rail Road by virtue of a mortgage Deed of Trust, Judgment or otherwise And also that one George Watson now deceased held a Lease upon said Road and its rolling stock and Furniture which is unexpired and that said Watson died in the fall of 1858 leaving heirs as follows John Watson Mary Watson and Robert Watson children of John Watson the brother of said George Watson deceased also Frederick Watson William Watson, Henry Watson, Charles T. Watson, Delia Watson James E Watson, Marice Laurence and John G Laurence And that John N A Griswold was appointed by said George Watson in his last will and testament as his Executor so far as said Rail Road is concerned and that J. T. Barniard and Charles T. Watson have since been appointed administrators of the other Estate of said George Watson by the Probate Court of Sangamon County State of Illinois and that William Augustus White also claims some interest in said Rail Road (Amendment) That during the month of May 1858 John A Griswold Leroy M Lerley? & May 17, 1859 William Augustus White claimed to be the owner of said road that George Watson was thenrunning said road under their control & direction that while they so owned the road & lead its control to wit in said month of May a demand was made for the possession f the same firm and possession thereof was refused

In tender consideration whereof and inasmuch as your orators have no remedy except in a court of Equity may it please your honor that said Great Western rail Road Company Jon NA Griswold Leroy M Wiley James L Lamb Jacob Bunn James L Lamb and Jacob Bunn and John N A Griswold Executor of George Watson deceased and John Watson Mary Watson Robert Watson Frederick Watson, William Watson, Henry Watson, Charles T. Watson, Delia Watson James E Watson, Maria Laurence and John G Laurence and J Barnard administrator of George Watson deceased and Charles T Watson Administrator of George Watson deceased and William Augustus White 0016 and Ausin? G Phelps and William E Dodge Daniel James, James Stokes, William E Dodge Junior and D Willis James Partners under the name of Phelps Dodge & Co be made defendants to the Bill and that the Peoples writ of Subpoena issue commanding and that they be required to answer the several allegations in this Bill contained as fully and perfectly as if they had been particularly interrogated thereto and that said Railroad Company be required to file a statement of their receipts and expenditures in full as part of their answer from the first day of April A D 1856 to the present time and that a Receiver? by appointed by this court to take possession of said Great Western Rail Road with all the privileges and appurtenances thereto belonging including its Depots, machines shops, turnouts, bridges, right of way, equipment, rolling stock amendment and furniture Except any property by Jacob Bunn James L Lamb and also all the Books accounts and vouchers and papers of every description belonging to said road and all the rights and credits of the same and that he be authorized to take the management of said Road and receive all the income and profits arising from the same and make all necessary expenditures for the running expenses of said Road and apply to much of the income as may be necessary to pay the interest due your orators or which may become due from time to time

0017

Or that your Honor will order adjudge and decree that the premises described in said Deed of Trust first above mentioned with all the buildings connected herewith and the appurtenances thereunto belonging including the rolling stock, and furniture of said Road be sold to satisfy the amount due to your amendment orators at public auction except any property belonging by Jacob Bunn or James L Lamb in such a manner and upon such terms as may appear equitable to your Honor

And that said Rail Road Company be enjoined and restrained from applying any of the money belonging to said Road to any other purpose than the necessary remaining expenses of said road and the payment of interest on the Bonds held by your orators and others which were secured by said first Deed of Trust

And they also pray for such other and further relief as they may be entitled to according to justice and equity and as in duty bound they will ever pray John Elle? M Riggs James C Conkling Solicitor for Complainants [this portion of document appears to be in Lincoln's hand]This suit having been dismissed at the last term as to the defendant, James L Lamb and Jacob Bunn, this Bill is now amended, by striking from it, their names, and everything showing any interest in them and all al relief prayed for so far as their interest are concerned Feb 18. 1860 Complainants. Feb 22 1860 The court overruled the motion to strike from the records the amended of the Great Western Rail Road of 1859 the complainants amend their Bill by making Jacob Bunn and James L Lamb defendants and also amend their prayer of said Bill by asking relief against them as prayed for in the original Bill Lincoln & Conklin for Complainants [end Lincoln's handwriting]

New York The Farmers Loan and Trust Co vs. Great Western R. R. (Sang.)

0018

Exhibit B

Ed S Whelen— Philadelphia Bond Nos 138. 139. 140. 141. 142 $ 5000 John N.L. de Havilland. Nr 243. 244. 245. 535. 536. 69 692.693.694. 696. 697. 828 839. 841. 14 Bonds $ 100000 14000 John T. Sullivan Wash City 623. 624. 625. 633. 778. 5 Bonds 5000 Peter G. Washington 325. 367. 347. 355. 356. 5 Bonds 5000 Geo W. Riggs Jr. 145. 146. 147. 148. 143. 144 6 bonds $ 50000 3000 Geo D. Blackford US Navy Nr 44 500 Allan B. Davis. Md 722 & 723 2 ea $ 1000 2000 Wm E. Stubbs. Washington City 817. 826 — 2 $ 1000 2000 Jos. Bryan of Alabama 537 538 541 544 547 550. 830. 831. 837. 838. 10 Bonds 10000 $ 47000

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Exhibit B continued forward $ 47000

Riggs Jr 294. 295. 282 283 287. 289. 341. 378. 634 635. 636. 637. 685. 686 687 690. 712, 714 715. 716, 717, 718, 719 720, 721 732. 825 28 Bonds of $ 1000Ea 28000 No 7. & 8 2 Bonds $ 500Ea 1000 29,000 $ 76.000 John Elklick? of Riggs Amendment Sept 12 1859

R S Patterson Nos 374.375 $ 2000.00 Joshua Riley 297.621 2000.00 J T. May 622 1000.00 Richard D Cutts 2 & 3 2000.00 Roseville J Burrows 146. 147. 583. 786. 787. 788. 789 $ 7000.00 $ 90000.00

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State of New York City & County of New York

Before me the subscribed, a commissioner in and for the City of New York, duly appointed a commissioner by the Governor of the State of Illinois to take the acknowledgement and proof of the execution of deeds and to administer oathes and affirmations personally serve? John Elliott, one of the orators named in the foregoing bill of complaint, who being duly sworn, did depose and say that he had read the said bill of complaints and knows the contents of the same and the same is true, excepting those matters which are therein stated on information? and belief?, and those he believes to be true any? Land? and official seal in New York this Twenty seventh day of January A. D. 1859 O Lowe? Court of Illinois for New York

I do hereby enter myself security for costs in above cause and acknowledge myself bound to pay or cause to be paid all costs that may accrue to the opposite party or to any of the officers of this court in pursuance of the Laws of this State Dated Feb 1 1859 James C. Conkling

0023

187 Farmer's Loan Trust Co vs Great Western R R

Filed February 1, 1859 Wright Clk

Copy Bill $ 5.00