Court of U.S. signed by all the parties. other or others; and the order of this Court, appointing Decree of Circuit L. C. Ellsworth Receiver in these causes, be, and the same is, vacated and set aside. And the said Receiver is hereby ORDERED and directed forthwith to deliver, surrender, and turn over possession and control of all the property and effects which came into his hands as such Receiver to the said Denver and Rio Grande Railway Company on demand, and deposit all balances of money remaining in his hands after paying all demands against him as Receiver, including traffic balances due the Atchison, Topeka and Santa Fé Railroad Company, and others, and all lawful claims against the said money, in the National Bank of Commerce in the City of New York, to the credit of the defendant, the Denver and Rio Grande Railway Company. IT IS FURTHER ORDERED that, within sixty days after such surrender and delivery, the said Receiver file his final accounts as such Receiver with the Clerk of this Court, and give notice thereof to said Denver and Rio Grande Railway Company; and that, unless the said Denver and Rio Grande Railway Company shall file exceptions or objections thereto within thirty days after such notice, the said Receiver and his sureties shall stand discharged, and his bond, as such, be cancelled. But, in case the said Denver and Rio Grande Railway Company shall file any exception or objection to such accounts, it is hereby referred to John Webster, one of the Masters of this Court, to take the evidence thereon, and to report thereon to this Court according to the rules and practice of this Court with all convenient speed; with liberty to said Receiver and said Denver and Rio Grande Railway Company to take exceptions thereto. We, the undersigned parties to the suits wherein the foregoing order or decree is entitled, hereby consent to the entry of the annexed order or decree in said suits. Decree of Circuit Court of US signed by all the parties. The undersigned further parties to said suits consent to the dismissal of the suits, the vacation of the order appointing the Receiver, and the turning over of the property to the Denver and Rio Grande Railway Company, on such provisions as to the debts and liabilities of the Receiver, including said traffic balances, as the Court may prescribe; and they consent to all of the foregoing order, except such parts thereof as relate to turning over the balance of money to the defendant, the Denver and Rio Grande Railway Company, and, having no interest therein, the undersigned neither consent to nor dissent therefrom. Dated, March 27, 1880. L. H. MEYER. [SEAL] ATCHISON, TOPEKA & SANTA FÉ RAILROAD Co. President. Attest: GEO. L. GOODWIN, Assistant Secretary. [CORPORATE SEAL.] THE PUEBLO & ARKANSAS VALLEY RAILROAD CO. By THOS. NICKERSON, Managing Director. Attest: S. W. REYNOLDS, Assistant Secretary. [CORPORATE SEAL.] T. JEFFERSON COOLIDGE. SEBASTIAN B. SCHLESINGER. [SEAL] [SEAL] [SEAL] Agreement of settlement between THIS INDENTURE made and entered into this twentyseventh day of March, A.D. one thousand eight hundred and eighty, BETWEEN THE PUEBLO AND ARKANSAS VALLEY RAILROAD COMPANY, party of the first part, and THE DENVER AND RIO GRANDE RAILWAY COMPANY, party of the second part. WHEREAS disputes have arisen in the Federal Courts between the Denver and Rio Grande Railway Company on the settlement between P. & A. V. and one side, and the Cañon City and San Juan Railway Company, Agreement of and the Pueblo and Arkansas Valley Railroad Company subsequently consolidated under the name of Pueblo and Arkan. D. & R. G. sas Valley Railroad Company, party of the first part, hereto, on the other side, as to the line or lines of railroad between Cañon City and Leadville through the Grand Cañon of the Arkansas to Leadville, AND WHEREAS the Cañon City and San Juan Railway Company and the Pueblo and Arkansas Valley Railroad Company have constructed wholly or in part a line of railway between Cañon City and Leadville upon a right of way which is claimed by the Denver and Rio Grande Railway Company, Now, to compromise and settle the said disputes and liti gations, THIS INDENTURE WITNESSETH that, for and in consideration of fourteen hundred thousand dollars, being the amount claimed to have been expended by the party of the first part or the corporations by the consolidation whereof it was formed for work and labor done, materials furnished, and services rendered in construction as aforesaid and interest thereon, and four hundred thousand dollars additional duly paid to the party of the first part by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and other good and sufficient considerations as hereinafter mentioned it thereunto moving, the party of the first part has remised, released, and forever quit-claimed, and hereby doth remise and release and forever quit-claim to the party of the second part all its right, title, and interest, claim, and demand whatsoever, both at law and in equity, of, in, and to the line for a railway, it or any of the corporations by the consolidation whereof it was formed heretofore had or claimed from a point at or near the depot of the Denver and Rio Grande Railway at Cañon City up the Valley of the Arkansas River through the Grand Cañon thereof, to a point at or near the mouth of the South Arkansas River, thence up the Valley of the main Arkansas River to Leadville, as well as that part thereof located on the public lands as that part thereof located on private property, including the railway constructed or partly constructed thereon; all the depot grounds, lands, rights of way, and other easements thereunto belonging or appertaining; all rails, tracks, bridges, viaducts, culverts, and other superstructures, Agreement of settlement between depots, water-tanks, houses, and other structures thereon, together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, not including any material of any description provided for the use of the road, but not in the structure, provided such outside material has not been included in the Commissioner's Report for work and labor done, materials furnished, and services rendered in construction as aforesaid. TO HAVE AND TO HOLD the said railway premises and property unto the party of the second part, its successors and assigns, as its or their own absolute property, so that neither the party of the first part nor any other person, corporation, or other party claiming or to claim the same by, from, or under it, the party of the first part, shall or will hereafter, in the name of the party of the first part or otherwise, claim or demand any right or title to the same or any part thereof, but it, he, or they, and every of them, shall by these presents be forever barred, provided that nothing herein contained shall in any manner prejudice the rights of the party of the first part, under the Act of Congress, approved March 3, 1875, relating to cañons, defiles, and passes, to locate and build a line of railway between the points aforesaid on or along the general route aforesaid, through the Grand Cañon of the Arkansas, or any rights it may have under said Act or become entitled to under any agreement between the parties hereto simultaneously herewith made and entered into and forming part of the consideration aforesaid. AND THIS INDENTURE FURTHER WITNESSETH that, in consideration of the premises, and of the sum of One Dollar in hand paid by each of the parties hereto to the other, each hereby doth absolutely release, acquit, and forever discharge the other of and from any action, cause of action, liability, claims for damages or other demands of every kind or nature, of, for, or in respect of, or arising from any matter, cause, or thing heretofore suffered in or during the disputes and controversies that heretofore existed respecting said line for a railway and the litigations connected therewith. IN WITNESS WHEREOF, the parties hereto have hereunto interchangeably caused their corporate seals to be hereunto affixed, and the same to be attested by the signatures of their Presidents and Secretaries respectively, the day and Agreement of year first above written. THE PUEBLO & ARKANSAS VALLEY RAILROAD CO., settlement between U. P. R'y Co., Atchison Co., P. & A. V., N. M. & S. P. and D. & R. G. THIS INDENTURE, made this twenty-seventh day of Agreement between March, A.D. 1880, by and between the Union Pacific Railway Company, party of the first part, the Atchison, Topeka and Santa Fé Railroad Company, the Pueblo and Arkansas Valley Railroad Company, the New Mexico and Southern Pacific Railroad Company, parties of the second part, and the Denver and Rio Grande Railway Company, party of the third part, witnesseth that WHEREAS Controversies have arisen between the several parties hereto, or some of them, in relation to the construction of railroads in Colorado and New Mexico, in relation to the traffic upon the lines of the different parties, also in relation to the title to the railroad between Cañon City and Leadville, and the parties hereto desire to settle all controversies between them, or between any two of the parties hereto respectively,― Now, THEREFORE, in consideration of the premises and of the covenants hereinafter contained, the parties hereto agree. as follows: FIRST. The parties of the second part jointly and severally agree that neither they nor either or any of them will, as long as the party of the third part shall keep the agree |