Page:Federal Reporter, 1st Series, Volume 1.djvu/567

6TERN V. WISOONSIN CENT. E. 00. 569 �rîght as a bond holder to maintain an independent bill in his own behalf. At the time leave was thus granted to file this amended bill, a formai order was entered sustaining one or more of the exceptions to the original bill, and overruling the others, the objeet of this order being to complete the record and make it accord with the views which had been previously expressed by the court. �This amended bill was refiled on the twenty-eighth day of July, 1879. The Farmer's Loan & Trust Company, the Bamey & Smith Manufacturing Company, and the Cambria Iron Company were made additional parties to this amended bill, ■which reiterated the material allegations of the original bill, adding, however, many new allegations, eharging more in detail the alleged fraudulent acts of the trustees, and that the suit which the trustees had previously commenced and was then pending in this court was brought by col- lusion between them and certain of the bond holders, who sought an inequitable advantage over complainant and other bond holders of bis class; alleging, also, that bond holders, in whose behalf, as it was charged, said suit was insti- tuted, were originally interested in the Phillips & Colby Con- struction Company, and that by virtue of such interests and connection with the construction of the road, and by virtue of the alleged funding scheme, and the issuance of additional bonds under the mortgage, they were asserting and seeking an inequitable and fraudulent advantage over bonds of the class represented by Stern; and the prayer of the bill is, not only that the mortgage be foreelosed and the mortgaged prop- erty sold, but that the trustees, Stewart and Abbot, be re- moved; that a receiver may be appointed to take possession of the mortgaged property ; that proper accounts may be taken as between the stockholders and the different classes of bond holders, and that the trustees be enjoined ' from prosecuting the suit in their names then pending, and from f urther admin- istration of the trusts and execution of the powers specified in the mortgage. �It should bave been previously observed, but may be here -ïtated, that on the twenty-fifth dayof November, 1878, Stem ��� �