Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-03-14
In the Circuit for Al
legany county as d
Curt IF Equity,
No I1-2 Ehv


No. 1873 Chy.
J ohm McCuloh, Nelson Beall, John J. Keller,
Thomas H. Paul and Robert Paul, trading
under tho firm and style of T. II. Paul 4
Brother; The Frostburg Bank, The Mount
Savage Iron Company, The Miller Coal
Company, Amos X. IIadley, IL. g. Smith,
and Lewis Audenried, William q. Auden-
ried, John Rommcl, Gsorge ii. Potts, Ad.
olson Childs, trading under the name, firm
and style Of Lewis Audenricd and Compa-
NY
V'IlE object of this suit is to obtain decree for
l. tho sale of all the real estate of the Miller
Coal Company which is located in Allegany
county, Maryland and the distribution of the
proceeds of the sale of the same among the cred
itors of said Company, according to their several
priorites and liens.
The bill states Incorporation of said Miller
Coal Company and tho several and respective
judgments and claims Of the above named Com
planants against it, that ii. u. Smith (whose
full christian name is unknown to Cumplainant.)
has paid to the firm of Percy 4 Brother. and to
the firm Of q. A. & q. b. Thruston. and to Al.
exander Sloan, ana Douglas Percy, various sums,
amounting in each case to about two.thirds of
the judgment claims in their respective favor a.
gainst said Company, but that the claims If all
other the Complainants remain wholly due and
and unpaid.
The bill then states that sundry judgment
claims against said Miller Coal Company appear
to exist in favor Of John McCuloh, The Frost
burg Bark and Nelson Beall amounting to vari-
GUS large sums of money, of which it is believed
said II. Il. Smith has also paid ubou two. thirds
of tho amounts duo ON all Of the same.
The bill then states the judgments against
said Company belonging to john j. Keller the
firm Of 7. II. Paul and Brother, md Tho Mount
Savage Iron Company. Tho Complainants also
file with the bill certified copies OF all judgments
referred to, showing amount Of each and costs.
The bill then states what the real estate of tho
said Miller Coal Company in said Allegany coun-
" consists Of and the connection between it and
the Mount savage Rail Road, its conveyance pre-
viously by George A. Pearre, Trustee, to Jerry
CUwes and by Cowles and wife to the lamp
shire Coal and Iron Company mortgage of
The same by said last Company, to said firm Of
Lewis Audenried and Company, to secure Ger.
tain monies due by said Hampshire Coal Com
pany to said Lewis Audenried and Company;
and charges that thu mortgage debt had been !
ong since paid and the mortgage itself become
null and void.
The bill then states that deed of trust ap- !
pears on the records ot,Alleyany county, II copy
Of which is filed with tho bill purportiug to he !
made by said Miller Coal Company to ono Amos
X. Hndley to secure payment of certain bonds, |
to $40 900 described in this said last
deed; it rcciting that proceeds of same. are 10
be devoted to carrying on Cumpany's business,
md dischargng it. debts that Complainants
believe that said Jerry Cowles got possession of
'aid bon Is and illegally disposed of tho same
FOR merely nominal rates, and that neither said |
Miller Coal Company. nor its bona fde creditors !
received any benefit thereron that said bonds !
arc void and said trust null or that the same
will be so dccrecd by this Court. That this last
Iced trust was recorded after nearly the whole |
Indebtedness in this bill Of complaint had been
incurred and became payable by said Miller Coal |
Company. and that the Compliments never heard
Of same until its record date, and received no
payment or benefit from it, nor any other cred |
tors names in this bill, MS Complainants be-
ieve.
The bill further states that the Miller Coal !
Company is undoubtedly insovent, that its |
personal property is Of little value, and that
It's Creditors must look 10 its real estate; that |
.xecu tons have been issued against it, and |
ha, Henry X. Atkinson Is Sheriff, will proceed |
10 sell the same for cash, as in duty bound
hat said property cannot be sold advanta-
seonsly for the Creditors at such SheritTs sale |
ind will sell Tor far better price il sold on
credit payments; that many of the parties to
this proceeding can only hope tor payment in
Ease said property is sold in the most ludcous
manner aud on reasonable terms OF payment;
hat some creditors are urging sale by the
Sheriff. and that the same will be made unless
,njoined 10y this Couri, that no injury but de-
NY viii occur 10 those Creditors who are SO
irgiug sale OF property by the Sheriff. that
this property is SO much embarrassed by real
md pretended hens Of various kinds that NO fair
,rice can be obtained for the property u.lrss
'nh under the authority of this Court clear of
III Of them, and the owners OF the same broltgh
in here 10 assert their rights and priori,ies
md the validity Of such claims.
Complainans also state that they do not
luow who hold any OF the said bonds, SO is
ued by said Miller Coal Company and pre-
ended to be secured by said A. X. fladleys
Iced of trust, or whether the same really exist
urther than they have heard that the said II.
J. Smith claims to own some OF them; and
'harge il such be the case. that he became
,wner OF some knowing their iuvalidiy &c
IS Complninants believes was the case with
he original purchasers of all of the same
The bill then prays that defendants may an
swer it, that the bonds 80 issued under Had
ey deed of trust may Oe declared void; that an
account may be taken by the auditor OF all
,laims against said Miller Coal Company on
UGH notice as this Court may direct, and that
ale may be made of all the property OF said
Company, and proceeds brought i'll and dis
ributed, that Il receiver may be appointed to
AXE possession of the personal property; and
hat John W. McCulloh, Nelson Beall, the
Bank, John j. Keller, T. II. Paul
md Brother, the Mount Savage Iron Company
heir agents and attorneys, and Henry r. !
Atkinson, Sheriff of Allegany County may be
estrained by injunction from selling or dispo- ,
ing of the property of said Miller Coal Com ,
Amy; that said company may be declared in ,
olveut and its effects and real estate applied a
o payments of isjust debts and Tor general )
ellef The bill prays for writ of injunction i
gaiust said last named parties. prohibiting
hem as aforesaid, and q writ of subpoena O
gainst said last parties. commanding them to l
ppear in this court on some certain day &c
IND also for an order of publication giving
office to Amos K Hadley II. G. Smith, Lewis
lel, George NJ. Potts and Addison Child, mer-
hants trading as partners under. name, firm
nd style of Lewis Audenried and Company :
II Of whom are now residents of the state of !,
laryland, and the Miller Coal Company of q
be object and substance of this bill &c.
1t is thereupon adjudged and ordered that :.
,e Complainants by causing copy of this E,
rider TO be inserted IN some newspaper pub
shed in the city of Cumberland, once in each
four successive weeks before the sixth day q
April 1861, give notice to the said absent ii
efendants Of the object and su bsstence of "
us bill; and warn them to appear in this b
ourt m person or by solicitor, on or before
lie seventh day of July next, TO answer the
'emises, and show cause, If any they have :
by decree ought not to pass as prayed.
True Copy, n
Test-ff. RESLEY, elk. I
March, IA, lS6l-4ts. I,