Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-04-04

John PEBBLES, Terrence McGee, John As
kins, Michael Broderick, George Staup and
John Staup,
In tho Circnit Court for
Against I Allegany county as q
Court Of Equity,
No. 1873 Chy.
John McCulloh, Nelson Beall, John ]. Keller,
Thomas Fl. Paul and Robert Paul, tradin
under the firm and style of T. II. Paul d
Brother; The Frostburg Bank, The Mount
Savage Iron Company, The Miller COal
Company, Amos X. Hadley, II @. Smith,
! and Lewis Audenried William G. Auden-
! ried, John Kimmel George II. Potts, Ad-
olson Childs, trading under the name, firm
and style of Lewis Audenried and Compa-
! NY
T'HE object of this suit is TO obtain decree for
| L the 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
prorities and liens.
The bill states incorporation of said Miller
Coal Company and tho seyernl and respective
judgments and claims of the above named Com
plainants against it, that II. g. Smith (whose
. full christian name is unknown to Coinplainants)
has paid to the firm of Percy Brothers, and to
the firm of q. A. & G. b. Thruston, and to AL
exander Sloan, ana Douglas Percy, various sums,
amounting in each case to about two.thirds Of
| gainst said Company, but that the claims Of all
other the Complanants remain wholly due and
| and unpaid.
The bill then states that sundry judgment
claims again. said Miller Coal Company appear
to exist in favor of John McCulloh, The Frost
burg Bank and Nelson Beall amounting to vari
Gus large sums Of money, of which it is believed
said IL. q. Smith has also paid abou tw O-t thirds
of the amounts duo on all Of the same.
The bill then states the judgments against
said Company belonging to John J. Keller; the
firm Of T. ii. Paul and Brother, md The Mount
Savage Iron Company. The complanants also
file with tho bill certified copies Of all judgments
referred to, showing amount ofeach and costs.
| The bill then states what the real estate of the
said Miller Coal Company in said Allegany coun-
| ty consists of and the connection between it and
! the Mount savage Rail Road, its conveyance pre-.
! viously by George a. Pcarre, Trustee, to Jerry
| Cowles and by Cowles and wife to the Hamp-
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 C0al Com.
psny to said Lewis Audenried and Company;
and charges that the mortgage debt had been
| long since paid and the mortgage itself become
! null and void.
! The bill then states that deed of trust mp
| pears on the records of Allegany county, II copy
of which is filed with the bill purportng to be
made by said Miller Coul Company to one Amos
X. Hadley to secure payment Of certain bonds,
amounting to $40, 900 described in this said last
deed it reciting that proceeds of same, are to
bs devoted to carrying on Company's busine.S,
and discharging it. debts that Complainnnts
| believe that said Jerry Cowles got possession of
said bon l. and illegally disposed of the same ;
! for merely nominal rates, and that neither said
Miller Coal Company, nor its bona fide credi tors
received any benefit erefrOm ; hat said bonds
are void, and said trust null that the same
will be decreed by this Court. That this last
| r, ..l,l, &, 4
! Indebtedness in this bill of complaint had been
| incurred and became payable by said Miller Coal
| Company, and that the Complainantsn new er card
| of same until its record date, and received no
payment benefit from 1t, nor any other cred.
itors names in this bill, a. Complainan,s be.
! lieve.
The hill further states that the Miller Coal
| Company is undoubtedly insolvent, that its
personal property is Of little value, and that
| its Creditors must look to its real estate that
| execu lions have been issued against it, and
! that Henry Il. Atkinson as Sheriff. will proceed
| to sell the same for cash, MS in duty bound !;
! that said property camnot be sold advantG-
geously for the Creditors al such Sheriff sale
and will sell tor n far better price II sold on
, TrcuIt payments; that many Of the parties TO
this proceeding can only hope for pay ment in
case said property is sold in the most judicious
manner and on reasonable terms OF payment;
that some creditors are urging sale by the
Sheriff, and that the same will he made unless
enjoined by this Court, that no injury but de-
lay viii occur to those Creditors who are so
urging sale Of property by the Sheriff, that
| this property is 40 much embarrassed by real
and pretended liens of various kinds that no fair
price can be Obtained for the property unless
sold under the authority of this Court clear OF
| all Of them, and the owners OF the same brought
| in here TO assert their rights and prioritie'
and the validity of such claims.
Complanants also state TINT they do not
know who hold any OF the said bonds, so is
sued by said Miller Coal Company aud pre-
tended to be secured by said A. X. ladley's
deed of trust, or whether the same really EXIT
| further than they have heard that the said H.
! G. Smith claims to own some of them; and
| charge if such be the cnse. that he became
owner OF same, knowing their invalidiiy &c /;
as Complainants believes WAS the case with
the original pure hasers of all of the same.
The bill then prays that defendants may an
| swer il, that the bonds so issued under Had
ley deed oftrust may be declared void; ti,htan
| account may be taken by the auditor OF all
| claims against said Miller Coal Company on
such notice as this Court may direct, and that II
| sale may be made of all the property OF said
Company, and proceeds brought in and dis
tributed, that n receiver may be appointed to
take possession of the personal property; and
| that John W. McCulloh, Nelson Beull, the
Frostburs Bank, John J. Keller, 7. II. Paul
and Brother, the Mount Savage Iron Company
their agents and attorneys, and Henry r.
Atkinson, Sheriff of Allegany County may be
restrained by injunction from selling or disPo-
sing of the property of said Miller Coal Com
pany; that said company may he declared in
solvent, and its effects and real estate applied
to payments of its Just debts aud Tor general
| relief The bill prsys for writ OF injunction
against said last named parties. prohibiting
them as aforesaid, and n writ Of subpoena
against said lust parties. commanding them to
appear in this court on some certain day &c.
Aud also for an order Of publication giving
notice to Amos X. Hadley II. G.. Smith, Lewis
Audcnried William G. Au;enried, John Kim
mel, George VI. Potts and Addison Child, mer-
chants trading rs partners under. name, firm
and sly lie of Lewis Auienrict, and Company
all OF whom are non.rcsidents of the state II
Maryland, and the Miller Coal Company of
the object and substance OF this bill &c.
1t is thereupon adjudged and ordered that
the Complainants by causing copy Of this
order to be inserted IN some newspaper pub.
lished in the city of Cumberland once in each
of four successive weeks before the 22nd day
of April 1861, give notice to the said absent
defendants of the object and subsistence of
this bil and warn them to appear In this
| Court in person or by solicitor, on or before
the 25th day of July next, TO answer the
premises, and show cause, if any they have
why decree ought not TO pass as prayed.
Tes,-H. REsLEY, olk.
| March Il, ls6l-4ts.
Order of Ratification.
Daniel Duncan, In the Circuit Court for Allie
va. gany county,