Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-11

est and estate at law or in equity, OF Thomas
Nj. Mcccubbin, Of in, and to all those tracts OF
land hercnbefore mentioned and described,
and all the claims Of the parties to'said deed,
in and to said undivided moiety, for the sum
Of twenty-five hundred dollars and the said
purchaser then entered into possession thereof.
The interest of said Thomas was an undivided
third part, and not an undivided moicty as
stated in said deed
The bill further states, that before thc time
OF the said sale, the said Horatio Trundle had
purchased Of the said George r. Gather, his
claims against Thomas NJ, Mary and zachari-
all Maccubbin, and was then the owner there
Of
The bill further states, that said Richard ].
Bowle, trustee as aforesaid, did, on or about
the 3lst day Of March, in the year 1857, sell.
and on the Goth day Of May in said wear, con-
| yey unto said Horatio Trundle, the undivided
interest and estate of the said Mary and Zach
ariah Maccubbin, at law, or in equity, Of in,
and to, the aforesaid lands, containing in the
whole three hundred and two acres of land.
more or less at, and for the sum of two thou
sand dollars, which was paid to said trustee.
and the said purchaser then entered into nos
session of said premises. The said sale was
made without due authority the purchase
money was grossly inadequate to the fair mar
ket value OF the property the sale was never
reported to, and ratified by, this Court, and
was made after the death OF spid parties, and
was fraudulent and void
| The bill further states, that said Zachariah
Maccubbin moved to the State of Missouri, and
afte- having made and duly executed his last
will and testament, departed this life on or
about the 18th day of February, in the year
eighteen hundred and ffty-seven, which will
was duly admitted to probate before the proper
legal tribunal Of the State of Missouri and
bo fbaral L.
third part Of or interest 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 Zachariah Mac
cubbin, deceased, compliments against Thorn
as NJ. Maccubbin, 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 compliments have prayed may be made
part Of their bill in this cause, and also tho
answer Of Thomas NJ. Maccubbn 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 10 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 necessitous circumstances was in
duced by the receipt Of small sums OF money
from said Horatio Trundle, aud sundry spe-
cious, but fallacious 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 said trus-
tees, 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 25th Of
February, in the year, 1913, when said Trun-
die purchased said claim from said Gather,
the amount due thereon was seventeen
hundred and nine dollars and eighty-nIne
cents, on which said Thomas NJ. Maccubbn,
made two payments of one and two hundred
dollars, which, together with the proceeds OF
the sale made by said Bowie, trustee to said
Trundle, overpaid the said debt and interest.
and 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 Nailor, three lots of said
land, for the aggregate sum Of seventy-one
hundred and fifty dollars; that the said ALI
son Naior, on the first day Of May, eighteen
hundred and iifty-nine, exchanged ono Of said
lots with William II. Birch, for houses and lots
in Washington, valued at and worth six
thousand dollars and the said lot was laid off
from the residue Of said lands by the mutual
consent and appreciation OF all parties intc-
rpcfGd on "a da rofE ah
said Nailor executed TO said Birch, bond OF
conveyance, therein describing the lot so ex-
changed by metcs and bounds, courses and
distances. This lot Is the said Thomas NJ
Maccubbn's full third part Of all the lands
mentioned in said deed Of trust to said Bowie.
The bill further states, that, on the 10th day
Of October, in the year 1861, said Horatio
Trundle, by his agent and attorney in fact,
A. G. Trundle, sold and agreed to convey to
said William H. Birch, all the lands and prem
Uses which the said Horato Trundlc obtained
from said Thomas NJ, Mary and Zachariah
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 10
the law, that the title thereto was good, and
which Is the residue Of the lands purchased BY
said Trundle, OF said Bowie, trustee, ana Tue
said Birch fully apprised Of the defects In said
title, alleged il this bill Of complaint; and
that this bill would be filed to set aside said
several sales before he completed the said con-
tract, and paid the purchase money, II, in fact,
he has made such payment atall.
The bill further states, that said John w.
Anderson having resigned Lis aforesaid trus-
teesbip under the will Of said Mary Maccubbin,
deceased the said Joseph q. White was duly
appointed by this court trustee In bis stead
The bill further states, that said Horatio Trun.
die is not a citizen Of this State, and doth not
reside herein, but resides in the State Of Vir-
ginia; and that the said Allison Nailor Is not
a citizen OF this State and doth not reside
herein, but resides in the District Of Columbia.
II is ihercupon ordered by the subscriber,
Clerk Of the Circuit Court for Montgomery
county, this twenty-second day OF March, in
the year eighteen hundred and sixty-two, that
the conplainants, by causing n copy Of this
order to be inserted in some newspaper pub
lished at Rockville, once in each Of three sue
cessive weeks before the first day Of June next,
give notice 70 the said absent defendants Of
the object and substance Of this bill, and warn
them to appear In this court In perfon or BY
solicitor, on or before the second Monday or