Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-03-21

NJ, Standish, Ale xander Davis, David Rob
inson, Philip Popp. Frederick Miller, Thorn
As philips. Conrad Robb, Ronald Macdonald,
John PEBBLES, Terrcucc McGee, John As
kius, Michael BrodSrick, George staup and
John Staup,
In the Circuit Court for
Against Allegany county as a
Court IF Equity,
No. 1873 Chy.
John McCulloh, Nelson Besll, John ]. Keller,
Thomas H. Paul and Robert Paul, trading ,
under the firm and style Of /. II. Pau!
Brother; The Frostburg Bank, The Mount
Savage Iron Company, The Miller Coal
Company, Amos \. Hadley, II q. smith,
and Lewis Audenried, William @. Auden-
risd, John KimmeL IGeo.ge II. Potts, Adj
olson Childs, trading under the name firm
| and style Of LOWS Audenred and Compa-
ny
THE object Of thi. 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 crcd-
itors Of said Company, according to their several
pri9rities and liens.
| The bill states Incorporation oi sald Miller
Coal Company and thu several and respective
judgments and claims Of the above named Com
| plainants against it, that ii. q. Smith l"hose
full christian name is unknown to Compiainants)
has u aid / o the arm of Percy Brothers, and TO
the trm Of q A. SC. d. Thrustou, and to Al |
| exander Sloan, ana Douglas Percy, various sums /
| amounting in each case to about i"o-thirds OF
the judgment claims in their respective favor a
zanst said Company, but that the claims Of NIL
other the Complaiuants remain wholly due and
and unpaid.
The bill then states that suudry Judgment /
i claims against said VI Her Coal Company appear
10 exis, in favor of John NeCulloh. The Frost
burg Bank and Nelson Bca,! amounting, to vari.
Gus large sums of money, of " aeh it is believed
said H. u. Smith has also paid about two'thlrds
of the amounts duo all Of the same.
The bill then states the Judgments against
said Company bclon sing to John J. Keller; the
firm Of T. Paul aud Brother, and The Mount
Savage Iron Company. Tue Compliments 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 the
said Miller c oal Company in said Allesany coun-
| " consists Of and the connection between II ana
tss Mount Savage Rail Road, its conveyance pre-
: viou.ly by George \. Pearrs, Trustee, to Jerry
2 Coslcs aud by Cowlos and wife 10 the Hamp-
shi-s Coal and Irou Company mortgage of
tho same by said last Company, TO said firm OF
S Levi. Audenriei and Company, TO secure GER
| tain monies due by said Hampshire Coal Com.
a pany to said Lewis Audenried sud Company:
and charges that the mortgage debt had been
long since paid and the mortgage itself become
. null and VOID.
A
! pears on the records Of Ailesany county, copy
Of which is filed with the bill purporiinS to DO
J made BY said Miller COsl Company TO one Amos
s X. Hadlay 10 secure payment OF certain bon g..
l. amounting to $40, oQ0 described In thIs saId las!
deed: il recitiug that proceeds Of same, are 10
3 he devoted TO carrying on Compan.'s business,
If and dischargiug il, deb,s--that CompIsinants
Il believe that said Jerry CO-lcs got possession oil
- said Dor Is aud lille aly disposed Of the same
70 for merely nominal rates and that neither said
>, Miller Coal Company. nor il bona hde creditors
h received any benes therstrog that said bond.
- ave void. and said trus; null or that the sam:
; will be 40 deereed by this Court. Thst this las
D. deed citrus. vas recorded after nearly the whos'
a., indebtedness in this bill of complaint had beer
incurred and became payable by said Miller Goa
COMPANY aud that the Comp ainant> never hear
ot If same until its record date, and received NJ
ia paymen, or benefit from it, nor any other cred
i,or. names in this bill. C5mplainants bs
5, lieve.
DIS The till further states that the Miller Cos
q COMPANY is undoubtedly insolvent that il
persoaal property is Of little value, and tina
its Creditors must look 10 liz real estate; tina
- executions have been issued against il, am
II, that Henry Z. Atkinson as Sheriff., vii! ptocee
N 10 sell the same for tssh, As in duty hound
/. tina, sail property cannot be sold advan,a
yeously for the Creditors at such Sherits 81.
al and will sell tor Ear better price n sold o
ut cr.tii, payments; that many of the parties !
IL this proceeding can only hope for payment /
u case said property is sold in the most ludc!ou
manner and on reasonable terms OF paymen
'iu Thai some creditors are urging sale by III
ole Sheriff. and that the same vii! be male uules
ri. enioinei by this Court, tina, no injury but de
- Law will occur to those Creditors who are 5
:" urging sale OF property BY the Sheriff. tns
Ny this property is 80 much embarrassed by res
at and pretended hens Of various kinds that no IA
Ids price can be obtained for the property uni-:
81 sold uader the authority This Court clear {
W all them. and the owners OF the same hr0ugh
pa in here 20 assert their rights aud Prlorit!e
for and the validity of such claims
IOo Complainsnis also state that ther 10 no
-, know who hold any OF the said bonds, 50 Is
uai sued by sold Miller Coal Company AMI pre-
oe tended to be secured by said 4. X. ilatlev
5. deed of trust or whether the same really esi
p at further than they have heard that the said
a. G. Smith claims 10 own some OF them; AT
"a charge If such be the esse, that he becan
I'D owner OF same, knowing their inValitiiy <
ed | "a Complainnnis believes was the case wi
the original purchasers Of ELL OF the same.
Tn. DILL then prays that defendants may 3
oa suer il. tina, the bonds go issued under Ha
Fal lev deed ofIrusi nsy he declared void; that a
ia | sccount may be taken BY the auditor OF S
-. rIs;ms AGAINST said Miller Coal Company
= such notice a. this Court may direct and that
'use sal. NAV be made of all the property OF sa
lelr Company. and proceeds brought il and di
ter ,ribu,ei' tina, A receiver may De appointed ,
ines take possession Q, tne pTls0YAi D., :,
70 Fro.tburs Bank, John J. Keller, 7. Il. Pa
and Brother the Mount Savage Iron ConpaI
their agents and attorneys, and Henry
Sd Atkinson, Sheriff of AlleEsnr County may
UNI restrained By injunction from selling or disP
ates sing OF the properly OF saiu -a'''st I'm ~
the Panyi inst said eompaa. siat -;
~ to paymeu,s OF It's just debts aud Tor gene'
.ue relief. The bill prays for writ Of ioluncii'
the 80, aid las, named parties. p-ohibitiv
At them as Aforesaid, and writ Of suopeei
dra- against said las; parties. commanding thern
t. appear in this court on some certain day s
idle. And also Tor an order OF publication eivil
ina notice TO Amos (. Hsdley Il. G. Smith, Lev
IA Audeuried William G. Audenriei, John Xii
-, mel George VI. Potts and Addison Child, nj
- chants trading as partners under. Mans III
auo and style of Lewis Auienrie1 aud ComlA'
ous- all Of whom are uou-resiienis OF the state
1ent MARYLAND. and the Miller Coal Company
.hsr the object and substance of this bill &c.
n a Its thereupon adjudgei and ordered ID
du- the Couplainants By causing eopF OF =
mar order 10 be inserted IN some newspaper pa
nent lished in the ciiy of Cumberland, once in es
,hs of four Successive weeks before the 22nd d
- of April 1851, give notice 10 the said aese
- defendants of the object and subsistence
sne this bill and warn them TO apPeaf IN q
no" Court in person or By solicitor, on or eeic
reg the 25th day of July next, 10 answer t
hica premises, and show cause, If any they na
why decree ought not TO pass a. prayed
True COPY,
b.sn Tss,-H. REsLEY, elk.