Page:Federal Reporter, 1st Series, Volume 9.djvu/813

798 FEDERAL REPORTER. �court, from -which it appears that some of these defendants, with other persons, were made receivers of these roads in a cause pending between the Vermont & Canada Eailroad Company and its security-holders ; that while so in possession an agreement was made between the par- ties and embodied in a decree of the court under which those in posses- sion and their successors were continued in possession, and by one of the provisions of which the cause in whioh the proceedinga had been taken was kept in court, with liberty to any party to apply to the court for f urther orders as they might be advised ; that in the proceedings authorizing these loans, and as a part of the decrees under which they were issued, it was provided that in case the trustees should fail to pay the notes or interest, the holders might apply to that court for the realization of their securities, or for a summary order for the pay- ment of the amount due out of any property in the hands of the trus- tees, and that a copy of this part of the decrees was printed upon and made part of the notes. �The cause has now been heard upon these causes of demurrer and this plea. �The causes of demurrer do not require any extended notice. The elaims are asserted in favor of the same parties against the same parties to enforce a common trust. The Central Vermont Eailroad Company succeeded to the duties of its predecessors in respect to the property, and still the predecessors were not discharged, therefore all are connected, and all are properly joined. If the bonds or notes are sufficiently set forth to show their terms and effect, that is enough without reciting them, further referring to them, or attaehing copies of them; and it is not pretended but that they are so set forth. The question as to the jurisdiction of this court is involved and in- cluded in that made by the plea, except as to a question made whether the orators, being executors in the state of New York, can suu out of that state. This does not involve any question as to whether they so succeed to the right of their testator out of the «tate where they are exeoutors, that they can represent him and re- cover upon his rights elsewhere. These rights never accrued to him at all. They accrued to the orators themselves, and accrued to them in the samecapacity; and, for aught that appears, in the same place in which they arfe attempting to enforce the rights. �Letters of executorship or administration extend only to the goods or estate which were of the testator or intestate at the time of decease, and would not include these secarities, if taken out in Yermont, as against the rights of the orators. ��� �