Page:Federal Reporter, 1st Series, Volume 7.djvu/559

 HART V. BAKHEi' & SMlTEt MANOF'o CO. '^47 �yMemingsburg" &' Ponnd Oai>."' The flat car was marked -'iGovington.-iFleBiiiiigsburg & Pbund Ga|), No.' i." 'D^id nWflson & Ccw^sued-out an atotihaieniifiroai'thfo Plemin^ cir- cuit court agains't Quiatard, making- the raikoad c6mpa.ny a defeiidant and elaiaiiii'g a lien'oh its projjerty/ This was ou the twenty-eighth of Marchy 1877, and oti same day the .attachment was levied upidiitaese oairs; theii upon the'road of the: Coviagtoiiy Plemingsbutg & Pound Gap Eailroad Com- piahy. Subsequently, o*her 'breditors of Quintard sued out attachments, aud had theiQ iei^ied «pbn' the saitie cars and ,^her rolling-stock on the rbad. These parties also elaind a lirai on the railroad's property for their debts. �The Fleming circuit court; on the fourteenth of April, 18T7, appointed William F. Feint receiver, and ordered him to ieke possession of Ihe "failway rolling-stoek, aiid all of lis prop- erty. " This he did by makiug an agroement with Berthourd, dated May 12,- 1877. In this agreemeiit Eerthourd reoog- Hized the order of the cOtirt,' and its receiver's right to the possession of the road iand its rolling-stock, and agreed with him to run the road upon certain terms therein mentionedl The agreement, however, reoited that it was made under pro- iest, and without intending to prejudice Berthourd's rights, or the rights of Othets, in their claims to the locomotives, cars, or road. Subsequently, the varioua suits, all of a like dhar- acter, were, by order of the Fleming circuit court, Consoli- dated. The road was run under the agreement of May, 1877, until February, 1879, When Mr. Faut re^signed, and plaintiff, Hait, ^&b appointed in bis stead. This was on the ninth of February, 1879, and on the fifteenth of Feb- ruary, 1879, Hart made another agreement with Berthourd, in which he recOgnized Hart as receiver, being in the posses- sion of the roadi and agreed to run it until March 1, 1879, at 12 M., and then to deliver to the receiver the' rolling- stock, and all of the property on the track of said road and belonging to it. Berthourd had, by a previous agreement with Fant, agreed that he would submit tO the orders of the court. Berthourd says in his deposition thadi, in fact, he always retaiiied the possession of the 'cars until the twenty- ��� �