Show THEY w mm mm sale of the ogden street railway SAID TO HAVE BEEN fraudulent old hallway company wakes up after it protracted Slumber Demands ac of company money A suit involving the title of city street railway was filed yesterday afternoon in the fourth district court by rhodea and maginnis Ma ginnia for alie agten city railway corny any which the public haa for some time past thought to be defunct the title of the suit is the ogden city railway company vs aarvig conklin mortgage trust company and ogden city street railway company the ground upon which tho action is based 13 alie sale of the ogden city street railway under tho foreclosure ol 01 the deed of trust made to conklin mortgage trust company and the complaint general fraud and desire to cheat too creditors of the old company and its stockholders the plaintiffs ask for the setting aside of the sale and the appointment of another receiver or trustee who will make the sale and conduct the affairs of the company with the idea of doing equal justice to all of the stockholders the complaint recites at length the facts of the sale of the road by the trustees under the foreclosure of tho deed of trust given to secure the payment of lie issue of bonds it will bo remembered that in may 1889 the company issued the amoun t of bonds stated and gave the deed of trust to alie jarvis conklin mortgage trust company on october the trustee took possession of tho road and on march sold it the plaintiff alleges to themselves U M beardsley attorney for the company was alie ostensible purchaser and the purchase price was fixed at the amount of alie bonds on the of the same month in which tho eale had taken place the ogden city street railway company wag incorporated corp orated with a capital stock of and beardsley transferred the property to the new company at a stated purchase price of claims eliat the transfer was fraudulent and that no money ever passed between tho buyer and alie aeller and that the alleged sale was made for the purpose of defrauding iho stockholders of the ogden street railway company the complaint sets out and alleges that alie ogden railway company is nothing more or less than alie jarvis cortage trust company under another name and that the sale of the road was made by the company as trustee to itself also that these was no monetary consideration for the road in conclusion asks that the sale be set aside and the jarvis conklin people cited to appear and make an accounting to the ogden city railway company of the money said to have been received for the road and that trustee be appointed by the court to take charge of tho affairs of the company |