Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-07-04


The bill further states, that said Zachariab
Maccubbin moved to the State Of Missouri. and
ofte: having made and duly executed his last
will and testament, departed this life on or
about the 18th day Of February, in the wear
eighteen hundred and ffty-seven, which viii
was duly admitted to probate before the proper
legal tribunal Of the State of Missouri, and
the said testator thereby devised his undivided
third part Of, orinterest in the lands aforesaid,
to said Alpheus Maccubbin, in trust for the use
and benefit Of said Thomas NJ. Maccubbin. du-
ring his natural life, and to his heirs after his
death.
The bill further states that the bill of COM
plant Of Richard j. Bowie, trustee, and Al
pheus Maecubbin, executor Of Zachaliah Mac
cubbin, deceased, mplainants against Thorn
as NJ Maceubbin, defendant was filed in this
Court, on or about the 18th day of December.
1859, and states that said deed Of trust was
given to said Bowie, to secure said sum OF
money and interest to said Gather; all Of
which will more fully appear by reference to
said bill, which, together with all exhibits,
the complainants have prayed may be made a
part OF their bill in this cause and also the
answer Of Thomas NJ. Maccubbin thereto.
The bill further states, that no decree has
been passed in said cause, and that the bill IN
said cause is too deficient in substance and in
parties, to enable the Court TO do justice be-
tween all persons interested in the subject mat
ter thereof. The said Alpheus Maccubbin re-
sides in the State Of Missouri, and had no full
and accurate knowledge Of the true state Of
The facts, and the said Thomas NJ Maccubbin
being in nccessitous circumstances was in
hduced by the receipt Of small sums Of money
from said Horatio Trundle, aud sundry spe-
cious, but falacous inducements and promises
from said Trundle without the knowledge or
consent Of his said trustees, John W. Ander-
son and Alpheus Maccubbin, to combine with
said Trundle to deceive and cheat sid trus-
ices, as well as himself out of the said proper
ty by means Of the pretended mortgage and
second sale Of said land by said Bowie.
The bill further states, that on the 25lh Of
February, in the year ls4s, when said Trun-
die purchased said claim from said Gather,
the amount due thereon was seventeen
hundred and nine dollars and eighty-mne
cents on which said Thomas NJ. Maccubbin,
made two payments Of one and two hundred
dollars, which, together with the proceeds Of
the sale made 10y said Bowie, trustee TO said
rrundle ovcrpaid the said debt and interest,
aud left balance due to said Thomas NJ. Mac
cubbin, which has not been paid, but still re-
mains due and owing.
The bill further states, that said Trundle
some time in the month Of April, in the year
1857, sold TO Allison Nailur, three lots Of said
land, for the aggregate sum Of scyenty-one
hundred and fifty dollars; that the said Alli-
son Nailor on the FIRST day Of May, eighteen
hundred aud ifty-nine, exchanged one Of said
lots with William II Birch, for houses and lots
in Washington, valued al and worth six
thousand dollars; and the said lot was laid oil
from the residue Of said lands by the mutual
consent and appreciation Of all parties inte-
rested, aud on the 18th day Of February 1861,
said Nailor, executed to said Birch, bond Of
conveyance therein describing the lot 50 ex-
changed by metes aud bounds courses and
distances This lot is the said Thomas NJ.
Maccubbin's full third part Of all the lands
mentioned in said deed Of trust to said Bowie.
/ The bill further states, that, on the Goth day
of October, in the year 1851, said Horatio
Trundle by his agent and attorney in fact,
A.. G. Trundle sold and agreed to convey to
said William II. Birch, all the lands and prem
4 Uses which the said Horatio Trundle obtained
from said Thomas NJ, Mary and Zaebariah
Maccubbin, or their trustee, except such parts
thereof as the said Trundle had previously sold
TO said Nailor, and TO one Chaplin, and for
which said Birch agreed TO pay said Trundle,
the sum Of two thousand dollars as soon as be
should be advised by his counsel, learned in
the law, that the title thereto was good, and
which is the residue Of the lands purchased by
said Trundle, Of said Bowie, trustee and the
said Birch fully appraised of the defects in said
title, alleged in this bill Of complaint; and
that this Bill would be filed to set aside said
several sales before he completed the said con-
tract ana paid hepurchase money, if in fact,
he has made such payment atall.
The bill further states, that said John w,
Anderson having resigned Lis aforesaid trus-
teeshp under the will Of said Mary Maccubbin,
deceased, the said Joseph G.. White was duly
appointed by this court trustee in his stead.
The bill further states that said Iioratio Trun-
die is not "A citizen this State, aud doth not
reside herein, but resides in the State Of Nir-
ginia and that the said Allison Major is not
citizen Of this State, and doth not reside
herein, but resides IN the District ofColumbia
II is thcroupon ordered 10y the subscriber,
Clerk Of the Circuit Court for Montgomery
county, this twenty-ninth day OF April, in
the year eighteen hundred and siXty-two that
the complainants, by causing copy of this
order TO be inserted in some newspaper pub
lshed at Rockville, once week for four sue
cessive weeks before the LIST day of August next,
give notice TO the said absent defendants OF
the object and substance of this bill and warn
them to appear in this court in person or by
solicitor, on or before the second Monday Of
November next, to answer the premises and
show cause, if any they have, why a decree
ought not TO pass as prayed
Test, JAMES G.. HENING, elk
Circuit Court for Montgomery county.
True copy--Test,
JAMES G.. HENING, Clerk
Circuit Court FOX Montgomery county.
may ct