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law The incorporation in Colorado is The the Investment Trust company title used in Kansas is the Investment Trust company of America Upon the accumulation of foreclosed properties for the especial handling of the properties was organized, this being the City Real Estate Trust company The City Real Estate Trust company erected the building on Seventh and Jackson streets, known as the Real Estate building, and mortgaged the same for $16,000 to the Kansas Mutual Life Insurance company. The unpaid taxes on this building amount to about $750. and it is understood that the title has now passed to another auxiliary company, the Southwestern Realty company. Ferry & Doran who brought a suit for a receiver for the Investment Trust company of America in the Shawnee county district court last week regard the appointment of the a receivers in the federal court as scheme to defeat the ends sought to be secured by their suit-the appointment of receivers who have not been connected with the company We will have to let our suit drop now I suppose, said Mr. Ferry after he had heard of the action of Judge Foster, 'but We will now go into the court and ask Judge Foster to remove at least one of the receivers and appoint some one who has not been connected with the company and will not be under the thumb of Mr Ball. In the suit filed in the district court serious allegations were made and when the that this suit had been filed was made William Lloyd Harrison of Boston who has sold many of the bonds for Mr. Ball. came to Topeka. Mr. Garrison said he hoped when he came here that it would not be necessary to ask for the appointment of receivers. have however agreed to their appointment, said Mr. Garrison to Journal reporter was satisfied after looking the ground over thoroughly and consulting with the other members of the committee appointed to examine into the facts, that the interests of the bond holders could be best protected by the appointment of receivers friendly to their interests The appointment of receivers was ask ed to avoid the suits of numerous small bond holders and to avoid the appointment of receivers who were not friendly." The suit commenced by Ferry & Doran would probably have terminated in the appointment of receivers by Judge Hazen had not Judge Foster acted. The petition on record in the district court alleges that the Investment Trust company of America and the City Real Estate Trust company are in fact the same concern and that H E. Ball is the controlling spirit in both companies and that the trust agreement by which the City Real Estate Trust company was to act as trustee for the Investment Trust company is fraudulent and part of a scheme of H E. Ball to defraud eastern investors who are the holders of the debenture bonds It is also alleged that Mr. Ball withdrew nearly all the mortgages upon which interest was being paid and which were the securities for the debenture bonds and substituted worthless securities which had accumulated in the hands of Mr. Ball and the Kan1 company which the Int vestment Trust company succeeded It is alleged in the petition that no interest has been paid upon the debenture bonds sinee June, 1895. and that the company has collected the rents and 3 other accumulations upon the securities. n Ferry & Doran say they represent about $10.000 worth of debenture bonds, t all held in the east Rossington Smith & Dallas also have charge of about $10.f 000 worth of the bonds. but they have consented to the appointment of the e The Investment Trust company of S America was organized in 1890. as the successor of the Kansas Investment company A great portion of the $2.800.000 of debenture bonds were issued to pay indebtedness of the Kansas Investment compaoy. The creditors were allowed to take 75 per cent of their credit in debenture bonds and 25 per cent in preferred stock but bonds have been sold since then and some are now held in Ireland and Scotland. The bulk of them are in the hands of eastern investors They are secured principally by mortgages on Kansas real estate in the hands of the City Real Estate Trust company and it is admitted that these securities have greatly shrunk in value While some of the parties inte ested claim that the bondholders will all be paid when the assets can be realized upon, it is doubtful if they will ever ren ceive what they invested in Investment e Trust company debenture bonds Following is the statement of the parties interested for the Investment company a The appointment of receivers was 0, because the City Real EsK tate Trust company refused to serve longer as trustee. and it was necessary to have some one to look after the ser curities and protect the interests of the bondholders. The debenture committee, composed it of A. H Horton, P. G. Noel and Wm. d Lloyd Garrison was selected by the bondholders at the request of the City y Real Estate Trust company. The committee held the power of attorney for about $2,000,000 of bonds and after mak1 ing an examination concluded to ask for the appointment of receivers The exact amount of the bonds outstanding is $2,800,000. t The suit is brought in the name of A. W Anthony of Providence. R. I... and against the Investment Trust company and the City Real Estate company as trustees The assets of the company are esti1mated at $4,000,000, and they consist of fam mortgages and property in Kansas. Though values have shrunk greatly we believe that the bondholders will receive all the money that is due them "This suit does not effect the City a Real Estate Trust company of which Mr. Ball is treasurer. and its business Swill be conducted just as it always has been. The federal court has jurisdiction in this case, and the appointment of the t receivers will determine the suit in the district court. nt PEFFER WINS AT LAST. Gets His Bond Resolution Before the