Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-05-29

- 800 " NV PioPCibs ihi 30 GUN
Id money for the purpose OF applying The sau
IN to the payment of their pretended commission
OF as Trustees, TO which they were in no mann,
T. entitled, advertised for sale in the Democrat
"a AHe3anidn, newspaper published in ALI
II gany County, valuable portion Of the re,
G estate OF complainant, to wit: Part of a tra
l. OF land called Commercial Mart" Lying
Is the county aforesaid, on which is erected II
l. valuable coal shipping wharf of complainant, It
l. November lst, 1859, on terms to be mad
hho"n on day of sale; said Trustees bein
, Inen, and for a long time anterior to and sine
u Octooer 9th, 1859, aware that said complainar
e was able and ready at all times to pay an
sa'isfy all ella inns secured by said deed OF trust
Il ana 'hat the complainant has been fer tb
: same Perloa DESTROYS to account with ther
auu every OF mem, and to settle the same; an
e that said Trustees have rendered no accom-
: 10 complainant showing anything due then
r or any OF them on any account whatever. an,
also that no Indebtedness secured, or professp,
g TO be secured by said deed, justly due from
] complainant, remains unsettled and upsaiis
r fed.
8 The Bill further states, that said attempt TIM.
made to interfere with compliments property
r is a wilful abuse of the power which miobt
have been otherwise lawfully exercised by said
Trustees If the same had been required for the
payment of any just debt secured by said deed
That complainant is entitled TO a reconvey-
ance OF said property from said Trustees with
out any commissions or compensation to them
that all expenses, Of which complainant had
ever been advised, which were incurred by
said Sherman, Mehaffey and Bloodgood, or
any one OF, or any two of them, in the service
OF complainant and for its benefit, in any Ca
pacity whatever, mad been paid by it.
The Bill further states, that an entry had
been made in compliments books. by tho d.
recticn Of said Sherman and Mshafey. dated
March 10th, 1858, of $4,000, as paid Sherman
IN full Of all claims against the complainant.
| q every kind; and subsequent to said entry
ABOUT October l., 1885, Sherman nd " tilted him
| sell indebted to the complainant in the sum
| OF s4,6S7, on an account, nearly all of which
was for monies of complainant unlnwfully
used in Sherman's business at Alexandria in
1890 and 1887 by direction Of said Mehaifey,
Blosdgo0d and himself. The bill also states,
that at date Of deed Of trust, actual outstapd.
ing debts Of complainant, provided for in it,
did not exceed much, if Mt oil, $500. 900; but
small part of which was paid, until paid by
ckholders, under the act Of January session
1898 chapter 252, authorising the conversion
OIL portion of the stock Of complainant into
preferred stock. And all dobts paid otherwise.
secured by snid deed, were paid by complain.
ant Itself, and all conversions Of its assets
INTO money, were made by CONF lainant itself
and all said debts wero paid without the inter
vention OF said Trustees. That said deed o f
trust was contrived by said Trustees, acting in |
concert with each other, rs mems Of copIin- |
uing their control of the Compnny's property |
and business, rs against its creditors, and pro
tecting them in the enjoyment Of their fraud
ulcnt advantages, and was never intended to !
be executed, but used as n protection md cover
against creditors and kholders, of their
breaches OF trust and mismanagemsnt; TINT
when said deed was made, said Trustees were
all ofhcers Of said Company, and during the
time they claim to have acted MS Trustees all
acts done by them about the business of the
Company was in their capacity as officers;apd
thnt they obtained possession of money and
paid themselves duriug the whole period large
salaries aa officers, to greater amount than
they would have been entitled to rs Trust cs.
II they Ind acted under said deed as Trustees;
and larger than they were entitled TO a. Of
dcers-thHt said deed was n fraud on creditor.
ana on complainant, concoetsd by the.e Trus-
zoos, and they can claim nothing under il, Tho
Bill also states, that Mehafey Bloodcood and
sherman nre all non-rssidents Of MARYLAND
ma, tho two former, MS complainant is advised
ma believes, nre insolvent, and Sherman DOS
es,oh OF little pecuninry responsibility; that
ZACH and all of th ON are largely indebted INTO !
onpl ainant for monies taken and used uplav
ully, which came into their possession ~ of.
ioery of complainant, which, 1t has no reason
o hope, itcan recover, except &c q small ex
ont. tnd that II commissions are given tn cm AZ
Trustees thiswll in fact in crease ID large Loose,
Iready sustained by their mismanagc ment and
efarious dealings with its property; that com.
lainant is VIGOROUSLY responsible for all in.
ebtedness secured by said deed, and that a
conveyance OF the property ought to be de.
reed to be made by said Trustees to il, and
OF delayed until the time which may be TO-
uired to ascertain the othor relief duo it in
.uh \
'loodsood and Sherman are contrary TO Eauiy ,
The Bill then prnys for an injunction re- /
training said Trustees, their agents, &C., from
cling or Intern eddling with Any of the prop |
rty lett undisposed OF, or its possession Re
nd fcr decree tor the rcoonveyapcc of the G
roperty, the nnnulment of the trusts created :
y the led, and an account Of all monics be-
'nging to complainant received by said Trus-
s's or any of 'hcm, in any capacity that said r
sed may be set asidc AZ fraud and If said Y
'rustees, or any Of them, should be entitled. n
n tho opinion Of the Court, to any compensa
loa rs such, that complainant may set Of and
iscount therefrom, such sums as they and each
i them, said Trustees, have received ns sala.
los or allowance during the time; and such
ums also us said complainant can show hngs
zen lost by it, by the fraudulent stock c.fs.
hing sales and purchases hsrsnbefure s.en.
Toned and by the fraudulent sale to Sbermnr
hu bebu hnu mo expcNNL'Nr-s
nado for tho benefit of Sherman md pssn, b.
aid Tru.tecs as mentioned, md also SUI! sur
money MS are owing it by said Trustee, e4t
Till be found to BIO due from them, or Of, pes >.
ny of them, on accounts to be stated between
and Thorn, and every of them, or whtcl nlsv
o due il from them in any capacity; Ill such
i scounts to be allowed in respect to thcin
ebtsdness Of any and all of them, ms show %.
he proof, nc, and for further md other gel.e.
&C., and also, for IN order of publication Civ
ng notice to each und all of thu IN, said Mo-
aiiey, Bic odgood and Sherman, bein ? lo1-
esidents, Of the substance and object " ;ais
ill, de-, and warning them to appear an co.
wer thu same, &C., and prays tor the VIZ. %
junction for the purposes above stated,
This original bin of complaint was tn
mended, stating in the amendment the sra-
lance Of the bill, ms above referred to, M
lat it was filed in this Court against snid Az
rev MehufIey, Francis Bloodgood and Aii,n
|. Sherman; which amended bill was fled "a
lis Court on April I'd, see, and states a.so,
lat said Mehafey, Bloodgood and Sho4maa
ld appeared and answered snid originrl hin.
I'D in their said answers, amongst Other De.
noes, alleged that one Luther X. Mlrsl, or
e city of New York, is known crediio- w.
mplainant secured by said deed Of tn %, and
,ght to be made party defendant in tbis
it; and that publication also should b. made
r unknown parties who may be cred ars Of
mplanant and secured under said deed, u0h
4 4