Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-04-11

John Staup,
In the Circuit Court for
Against I Allegany county as a
Court Of Equity,
No. 1873 Chy.
John McCulloh, Nelson Beall, John ]. Keller,
Thomas II. Paul and Robert Paul, trading
under the firm and style of T. ii. Paul &
Brother; The Frostburg Bank, The Mount
Savage Iron Company, The Miller Coal
Company, Amos X. Hadley, II. q. 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
THE object of this suit is to obtain decree for
i 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
priprities and liens.
The bill states incorporation of said Miller
Coal Company and the several and respective
judgments and claims Of the above named Com
plainants against it, that II. G. Smith (whose
| full christian name is unknown to Complainants)
has paid to the firm of Percy Brothers, and 10
the firm of q. A. & C. d. Thruston, and to Al.
exander Sloan, ana Douglas Percy, various sums,
amounting in each case to about two-thrds of
the judgment claims in their respective favor a.
gainst said Company, but that the claims Of 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 McCulloh, The Frost
burg Bank and Nelson Beall amounting to var-
Gus large sums of money, of which it is believed
| said II. q. Smith has also paid about two thirds
of the amounts due on all of the same.
The bill then states the judgments against
said Company belonging to John J. Keller the
firm of Il. II. Paul and Brother, and The Mount
Savage Iron Company. The 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 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. Pearre, 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 Audenred and Company, to secure Ger.
tain monies due by said Hampshire Coal Com.
pany to said Lewis Audenried and Company;
and charges that the mortgage debt had been
long since paid and the mort gage itself become
null and void.
The bill then states that deed of trust ap-
pears on the records of Allegany county, n copy
Of which is filed with the bill purporting to be
| X. Hadley to secure payment of certain bonds.
amounting to $40, 900 described in this said last
| deed it recitng that proceeds of same. arc to
| be devoted to carrying on Company's business,
and discharging its debts that Complainant.
believe that said Jerry Cowles got possession OF
said bon Is and illegally disposed Of the SAM
for merely nominal rates, and tina, neither said
Miller Coal Company, nor its bona tide creditor,
received any benefit therefrom that said honh-
| vo;d nd trus pul I,,tt
will be so decreed by this Court. That this lat
deed oftrust 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 Complainants ne yer heard
| of same until its record date, and received NO
payment or benefit from it, nor any other cred.
itors names in this bill. MS Compliments be
| lieve.
The bill further states that the Miller Conl
Company is undoubtedly insolyent, that its
personal property is of little value, and that
| its Creditors must look to its real estate; thnt
execu lions have been issued against il, and
that Henry II. Atkinson rs Sheriff, will proceed
to sell the same tor cash, as in duty bound
| that said property cannot be sold advantr'
geously for the Creditors at such SheriH7s sale
and will sell tor Il far better price if sold or
credit payments; that many of the parties &c
this proceeding can only hope for payment in
manner and on reasonable terms OF payment
that some creditors are urginGa sale by III,
Sheriff, and that the same will IL" made unless
enioned by this Couri, that no in airy but de-
llay will occur to those Creditors who are Sc
urging sale OF property by tn. Sheriff. that
this property is so much embarrassed Ivy rrn
and pretended hens of various kinds thai no fail
price can be obtained for the property unless
sold under the authority of this Court clear o
all of them, and the owners Of the gam" hr"u,h
in here to assert their rights and priorilies
and the validity OF such claims.
Complainants also state that they do not
know who hold any of the said bonds, so is
sued by said Miller Coal Company and pre-
tended to be secured by said A. X. tladleyt
deed of trust or whether the same really exis
further than they have heard that the said II
G.. Smith claims to own some OF them; ant
charge il such be the case, that he becam
owner oil same, knowing their invalidity &c
as Compliments believes WAS the case will
the original purchasers 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; tina II an
account may be taken by the auditor OF al
claims against said Miller Coal Company OF
such notice as this Court may direct, and that
sale may be made of all the property OF saiC
,r;hn,ed hat a recriver NAV be annoin,ea ia
,ake nossesson Of the personaI nropertv. and
that John W McCulIoh. Nelson Beall, til,
Frostburg Bank, John J. Keller, T. II. Pau
and Brother, the Mount Savage Iron Compan.
their agents and attorneys, and Henry X
A,k;nson sheriff of Allcpnny County may b,
: restrained by Injunction from selling or dspo
s;nr of the nroperty of said Miller Coal Com
pany; that said company may be declared in-
> solvent and It's effects and real estate applie'
relief The bill prsys for writ of Injunction