Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-03-28
Order in Chancery.

as Philips, Conrad Robb, Ronald Macdonald,
John PEBBLES Terrence McGee, John As
kins, Michael Broderick, George Staup and
John Staup,
In the Circuit Court for
| Against Allegany county n
| Court Of Equity,
No. 1873 chy.
John McCulloh, Nelson Beall, John J. Keller,
Thomas II. Poul and Robert Paul, trading
under the firm and style of L. III. Paul Il
Brother The Frostburg Bank, The Mount
Savage Iron Company, The Miller Coal
Company, Amos X. Hadlcy, II G. Smith,
| and Lewis Audenried, William @. Auden-
ried John Kimmel, George II. Potts, Ad
olson Childs, trading under the name, firm
and style Of Lewis Audenried and Compa-
| NY
U'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
priprites and liens
| The bill states incorporation of said Miller
Coal Company and the sc, cral and respective
judgments and claims of the above named Com
planants against it, that ii. q. Smith (whose
| full christian name is unknown to Complainants)
has paid to the firm of Percy Brothers, and 10
| the firm of q. A. 4 c. i. 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 u
gainst said Company, but that the claims Of all
| other the COmplainauts 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 McCulloh, The Frost
burg Bank and Nelson Beall amounting to vari-
Gus large sums of money, of which it is believed
said II q. Smith has also paid about two-thirds
| of the amounts duo all of the same.
| The bill then states the Judgments against
said Company belonging to John j. Keller; the
firm of T. Ii. Pau! and Brother, and Tho Mount
| Savage Iron Company. The COmpanants also
| file with the bill certified copies oil all judgments
| referred to, showing amount of each and costs
The bill then states what the real estate of the
said Miller Coal Company in said Allegany coun-
| ty consists Of aud the connection between it and
the Mount savage Rail Road, its conveyance pre-
viously by George a. rcnrre, Trustee, to Jerry
| CUwles; and by Cowlrs and life to the I1amp-
shire Coal and Iron Company; mortgage ot
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 Aulenricd and Company;
and charges that the mortgage debt had been
| long since paid and the mortgage Itself become
| null and void.
! Tho bill then states that u deed Of trust APP
poars on the records of Allegany county, copy
of which is fled with the bill purporting to be
mado by said Miller Coal Company to one Amos
| X. Hadlsy to secure payment Of certain bonds
amounting to $40, 900 described in this said last
deed it reciting that proceeds Of same to
be devoted to carrying on Cumpanys business,
and disoharging it. debts that Complain ant 5
believe that said Jerry Cowles got possession of
said bon Is and illegally disposed of the same
for merely nominal rates, and that neither said
Miller Coal Company, nor its bona idc creditors
| received any benefit the rc!ruIu that said bonds
are void and said trust null that the sane
will be so decreed by this Court. That this last
deed oftrust was recorded after nearly the whole
Indebtedness in this bill Cf complaint had been
incurred and became payable by said Miller Coal
Company, and that the Companantsncver heard
Of same until its record date, and received no
payment or benefit from it, nor any other cred
itors names in this bill, rs CJmplaiRants DO
lievo.
The bill further states that the Miller Coal
Company is undoubtedly iusolvent, that its
personal property is Of little value, and that
its Creditors must look 10 its real estate; that
execm tions have heen issued against ii, and
thai Henry Il. Atkinson rs Sheriff, will proceed
to Sell the Same tor cash, rs in duty bound
that said property cannot be sold adyanIn-
geously for tho Creditors at such SheriGs sale
and will sell tor fur better price II sold on
credit psymen Is; that many OF the parties to
This prucredins can only hopo for payment in
c.sr snid property is sold in the most judicious
manner aud on reasonable terms OF payment
that some creditors are urging II sale by the
Sheriff. aud that the same will be made unless
{ euioned by this Court, that mo- injury but de-
lay will occur 10 those Creditors who are SO
urging sale Of property by the Sheriff, that
} this property is So much embarrassed by real
and pretended heus OF various kinds that no fair
price can he obtained for the property unless
sold undo. the authority Of this Court clear Of
all oftkem, and the owners Of the same brough I
. in here TO asser, their rights and priorities
and the validity Of such claims.
| Complninants aiao state that they do not
: know who hold any OF the saiI bonds, so is
sued by said Miller Coal Company and pre-
I tended 10 be secured by said a. h. iadley
. deed of trust or whether the same really e1is
Il further than they have heard tina, the said II
G. Smith claims to own some OF them; ant
4 charge if such be the case, That he became
+ ow ner OF same, knowing their invalidily sc
/ as Complairnnts believes was the case viii
= 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
lev deed oftrust may he declared void; that M
account may be taken by the auditor OF nj
: claims against said Miller Coal Company OF
Il such notice rs this Court may direct, aud that I
C sale may be made of all the property OF saiC
S Company, and proceeds brought III and dir
. | tributed, that u receiver may be appointed to
take possession Of the personal property; aud
that John W. McCuloh, Nelson Beall, the
Frostburg Bank, John j. Keller, 7. II. Pau
and Brother the Mount Savage Iron Company
y their agents aud attorneys, and Henry Il
, | Atkinson, Sheriff of Allegany County may ht
a 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 and tor genera
= relief The bill priys for writ of injunction
| against said last named parties. prohibiting
I Them Us aforesaid, aud writ of suhpoenf
s against said last partcs. commanding them It
= appear in this court on some certain day &c
!, And also for an order of publication giving
= notice to Amos X. lladley H. g. Smith, Levi:
Audenried William G.. Audenried, John Kim
= mel, George VI. Potts aud Addison Child, mer
= | chants trading as lnrturrs under. name, hrn
and style of Lewis Anlrnrec and Company
all of whom arc nou-.tsi dentS of the state o
MARYLAND, and the Miller Coal Company o.
the object and substance of this bill &c. Il
a 1t is thereupon adjndged and ordered thai
| the Complainants by causing copy of thi:
| 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 A ril 1861, give notice TO the said absen,
defendants of the object and subsistence Of
G this bin; and warn them to appear in thi.
O Court in person or by solicitor, on or before
. the 25th day of July next, TO answer the
y premises, and show cause, it any they have
C why decree ought not to pass as prayed.
# True Copy,
Test-H. RESLEY, elk.
y Marcy, 81 l9G1-Ats