Page:Federal Reporter, 1st Series, Volume 9.djvu/801

 786 FEDERAL REFOBTBB. �ing liens upon the Vermont & Canada Eailroad, all citizens of Vei' naont, Massachusetts, and Maine, to recover the possession of that road for the Vermont & Canada Eailroad Company. �The Central Vermont Eailroad Company pleads that it is in pos- session as a receiver of the court of chancery of Franklin eounty, and of the state of Vermont, and the proceedings upon which its pos- session took place are set forth. �John Gregory Smith pleads that seourity-holders, of the same class as those made defendants, have brought proceedings in behalf of themselves, and all others like seourity-holders, against the Vermont A Canada Eailroad Company, in the same court of chancery, to «stablish and enforce their security upon this road, in -which a decis- ion favorable to the validity of their lien has been made by the supreme court of the state, and which are now pending in the court of chancery to ascertain the amounts of, and facts concerning, the different classes of securities; and these proceedings are set forth. �Worthington C. Smitb pleads that the Vermont & Canada Eail road Company brought a suit like this, and for the same relief, in the same court of chancery, and through its directors, by preconcert with the'orators, discontinned the same that this suit might be brought to evade the proper jurisdiction of the state court, and confer a seem- ing, but unreal, jurisdiction upon this court, in pursuance of vrhieh this suit was brought ; and denying that the directors have violated their duty, committed any breach of trust, or done otherwise than as requested by the orators. �Jed P, Clark pleads that the orators did not, before bringing this !)ill, in good faith request the directors to take legal measures to protect their rights, but that by the planning, suggestion, and reqnost of the directors, and concert and arrangement made between them and the orators for the sake of escaping from the jurisdiction of the state court, to which the jurisdiction of right belonged, and to eonfcr upon this court a seeming jurisdiction not real or of right, a simulated and unreal pretence of request and refusai were made, and that this suit is prosecuted by the Vermont & Canada Eailroad Company, in the name of the orators, for the common benefit of them all, and ■denying that there bas been any such refusai by the directors as amounts in legal effect to a breach of trust. �The Vermont Central Eailroad Company sets eut by plea that there were when this bill was brought, and are now, divers and .sundry stockholders of the Vermont & Canada Eailroad Corapany, ��� �