Page:Federal Reporter, 1st Series, Volume 3.djvu/715

 ■708 FEDBBAIi EEPOÛTEB. �varions corporations from which the Midland Eailway Com- pany was formed. At the time the bill was filed a receiver was appointed, clothed with the usual powers conferred upon Buch an offieer. Afterwards, the bill was amended by mak- ing other persons parties plaintiff as judgment and general creditors of the companies out of which the Midland Eailway was formed, those companies being the Paris & Decatur Bail- road Company, Paris & Terre Haute Eailroad Company, and the Peoria, Atlanta & Decatur Eailroad Company. Warring Brothers & Co., who were made parties by the amended bill, were owners of stock and bonds. Afterwards, Grant & Brother were made parties defendant by order of the court, and an- Bwered the bill; and subsequently, James F. Secor, beiugthe trustee of the Peoria, Atlanta & Decatur Eailroad Company mortgage, giyen to secure bonds issued by that company, and the Paris, Atlanta & Decatur Eailroad Company, and the Paris & Terre Haute Eailroad Company, were made parties defendant. At the March term, 1877, the Illinois Midland Eailway Company, defendant, filed an answer to the bill. Afterwards, the answer of the Paris & Terre Haute Eailroad Company and Paris & Decatur Eailroad Company was filed ; and at the September term, 1877, the Union Trust Company was made, on its own motion, a party defendant. In its petition the Union Trust Company set out the particular cir- cumstances connected with its relations to the property, and the issuance of bonds by the different companies, and the formation of the Midland Company out of the others, and declared that it was the real party in interest as against the complainants. The varions trust deeds were set out. �There seems to be a question whether or not there was an order made by the state court dismissing the bill and amended biU, as to some of the parties who are citizens of foreign couutries. Mr. Crea files an affidavit, alleging that there was not only a motion made directing their dismissal, but that it was granted by the court ; and in the transcript which is filed in this court there seem to be some leaves missing, which apparently corroborates the statement of Mr. Crea. The written motion appears in the record. The court and ail the ����