Hollywood Cemetery 2

July 15, 1897

CITY OF THE DEAD GETS INTO COURT

Superior Court is Now the Sexton of Hollywood Cemetery.

JUDGE BECK SIGNS THE ORDER

Alfred E. Buck and John B. Redwine are the Plaintiffs in the Bill

A TEMPORARY RECEIVER WAS NAMED

Creditors’ Bill Charged that the Cemetery Company was Fatally and Hopelessly Involved

 

The Hollywood Cemetery Company is in the hands of a temporary receiver.

 

The litigation was inaugurated yesterday by Colonel Alfred E. Buck, minister plenipotentiary  from the United States to Japan, and Mr. John B. Redwine, the money lender, who filed a bill in the superior court asking that a receiver be appointed and a temporary restraining order issued.

 

The bill was drawn up early yesterday morning by Messers, Arnold & Arnold and Peter F. Smith, counsel for the plaintiffs. During the day it was presented to Judge Marcus E. Beck, of the Flint circuit, who appointed Mr. Charles M. Curran temporary receiver and granted all of the prayer’s of the petition as asked for. In the afternoon the bill was placed on record in the clerk’s office and copies were served upon the defendants.

 

The Hollywood Cemetery Company was organized and incorporated October 14, 1890. Eighty four acres of land situated in land lot 250, in the fourteenth district, were purchased by the charter members of the company for the sum of $25,000. The cemetery was then outlined and the property laid off in lots. The cemetery is located about five miles west of Atlanta and is reached by the Chattahoochee River Car Line.

 

 

The original purchase was made from W. A. Baker subject to a mortgage of $5,000 which was in favor of the National Railway Building and Loan Association.  This mortgage was sued upon and a judgement  for the principal and interest was secured against the cemetery company in the first division of the city court.  Tho judgement was levied July 10th and the property is now being advertised in the sheriff’s sales, the date of sale having been announced for the first Tuesday in August.  In the bill yesterday the sheriff was enjoined from selling the property until the case can be heard and the merits of the litigation determined upon.

 

Insolvency Is the Charge

The bill filed yesterday was a creditors’ bill and was brought on behalf of all other persons who were interested and desired to become parties to the litigation.  The first allegation was that the company was totally and hopelessly insolvent, owning a large amount of money and not being able to raise any funds with which to pay the amount of the judgment or the debts owed other creditors.  

 

It is claimed that several efforts have been made to secure  a loan sufficient in amount to pay off the debts of the company, but that the money was secured and the debts still remain and a multiplicity of suits are threatened against the company.

 

Tho petition shows that more than 2,000 lots have been sold and that the purchasers of these lots are innocent parties and the purchase was made without notice.  About 1,000 interments have been since the cemetery was opened and those lots are in danger of being sold and the titles destroyed unless the court of equity intervenes and appoints a receiver.  

 

There are several thousand lots which are as yet unsold and the plaintiffs state that it is possible for the entire litigation to be arranged so as to protect the present holders of lots.

 

Sheriff Is Restrained.

Judge Beck granted a restraining order enjoining Sheriff Nelms from selling the property under the judgment recently obtained in favor of the National Railway Building and Loan Association and the case is set for a hearing before Judge Lumpkin in chambers on July 21st, at which time it will be decided whether or not the receivership and injunction shall be made permanent.  

 

Receiver Curran was yesterday instructed to take charge of the property and hold it subject to the final order of the superior court.  The receivership resulted from a consent order.  

Sept. 21, 1897

 

CITY OF THE DEAD TO GO AT AUCTION

Judge Lumpkin Orders the Sale of Hollywood Cemetery.

HIGHEST BID WILL GET IT

Sale Occurs in Front of County Courthouse First Tuesday in October.

INDIVIDUAL LOTS ARE NOT AFFECTED

In the Consent Order Authorizing the Sale It Is Provided How Funds Shall Be Distributed.

 

Hollywood cemetery is to be sold to the highest bidder for cash before the door of the courthouse on the first Tuesday in next month under the terms of a consent order which Judge Lumpkin has signed in the litigation.  There have been sales of saloons, railroads, houses and lands, cattle and sheep before, but this is without a doubt the first time that a cemetery has been offered to the highest bidder with all the trimmings of the auctioneer’s eloquence.

 

Hollywood Cemetery was organized and incorporated in 1890 by a number of local capitalists.  About eighty acres of land was purchased on the Chatthoochee River Car Line from Mr. W. A. Baker.  This land was improved and the lots were surveyed and cut off for sale.  It is estimated that at least 1,900 lots have been sold to private individuals.  These private lots are exempt from the court’s order and they will not be sold, neither will they be interfered with by the receiver.  The cemetery was organized with a stated capital of $25,000 and has been freely advertised.

 

Some time ago a bill was filed in the superior court by Attorneys Arnold & Arnold, representing several creditors.  The bill stated that the cemetery company was hopelessly insolvent and could not pay off the claims that had been brought against it.  The bill set for the allegation that the property was even then being threatened with a forced sale by the sheriff and that if the court did not intervene the graves of the dead would be and litigation and a great loss might come to the individual owners of the lots.  After hearing the application Judge Lumpkin appointed Mr. C. M. Curran receiver and clothed him with all the authority necessary to wind up the property and make a distribution of funds.  Receiver Curran some time ago announced that he had about completed his work as an officer of the court and asked for instructions as to the next steps to be taken.  

 

The consent order provides that all that property which has not been sold for interment shall be knocked down at public outcry before the door of the courthouse the fist Tuesday in next month.  Receiver Curran will dispose of the property, but before he undertakes to make any deed he will first report the bids which he has received and will ask for confirmation of the court.

 

In granting the consent order looking toward the sale of the property Judge Lumpkin announced that the funds to be realized from the sale shall be disposed of in the following order:  The first sum realized shall be paid to the National Railway Building and Loan Association, which holds a claim against the company in the sum of $5,199.50.  The second payment shall be made by the Receiver to satisfy the claim held by J. W. Smith in the sum of $1,500 principal, and interest to be added at the legal rate.  The next payment shall be for the cost of the receivership: $2,500 shall be allowed to counsel, filing the bill, one-third of which shall go to Attorney P. F. Smith and two-thirds to Attorneys Arnold & Arnold.  The receiver is to receive the sum of $2,000, which shall be in full for services rendered.  The sum of $500 is to be allowed J. B. Redwine for his claim.  

 

The remainder of the proceeds of the sale, if there should be any, will be for distribution among the stockholders of the Hollywood Cemetery Company.