Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-06-12

ing to extort from the complainant releases
for come of their Indebtedness to it, or from It
| sale of some of the property, large sum OF
money for the purpose of applying the same
to the payment of their pretended commissions
as Trustees, to which they were in no manner
entitled, ad vertised for sale in the Democratic
AHegdniGn, a newspaper publ shed in Allie
gany County, valuable portion of the real
estate of complainant, to witt Part Of a tract
of land called Commercial Mart, lying i'll
the county aforesaid, on which is erected the
valuable coal shipping wharf of complainant,to
be sold by them as said Trustees, on Tuesday,
November lst, 1850, on terms to be made
known on day of sale; said Trustees being
then, and for IA long time anterior TO and since
October sth, 1859, aware that said complainant
was able and ready at all times to pay and
satisfy all Gle inns secured by said deed of trust
and that the complainant has been fer the
| same period DESTROYS to account with them
| and every of them, and to settle the same; and
| that said Trustees have rendered no account
to complainant showing anything due them,
| or any OF them, on any account whatever; and
also that no Indebtedness secured, or protested
| to be secured by said deed, justly due from
| complainant, remains unsettled and unSatis-
| fed.
| The Bill further states, that said attempt thus
| made to interfere with compartments property
is IL wiltul abuse of the power which might
! have been otherwise lawfully excl cised by said
| Trustees if the same had been required for the
| payment of any just debt secured by said deed i.
That complainant is entitled to a reconvey
nnce 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 we're incurred by
| said Sherman, Mehaifey and Bloolgood 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 compainants books, by the di-
rectlcn of said Sherman and Mehaffey, dated
| March GOTH 1885, of 81 500, MS paid Sherman
| in full of NIL claims against the complainant.
of every kind; and subsequent to said entry
about October |. 1853, Sherman admitted him
| self indebted to the complainant in the sum
of 5 i6S7, on an account, near.y all of which
| was for monies of complainant unlaw fully
used in Sherman business at Alexandria in
| $50 and S57 by direction of said Mohaffey,
| Bloodgood and himself. The bill also states
| that at date Of deed of trust, actual outstand-
| ing debts Of complainant, provided for in it,
did not exceed much, if at all, 100000: but
| Il snnll part Of which was paid. until paid by
| stockholders under the act of January session
| 1858 chapter esq, authorisng the conversion
| of portion of the stock of complainant into
preferred stock And all debts paid otherwise,
| secured by said deed, were paid by complain
ant itself, and all conversions of its assets
into money, were made by complainant itself,
and rot by or under authority Of the Trustees;
and all sad debts were paid without the inter
| vcntion of said Trus That said deed OF
trust was contrived by said Trustees, acting in
concert with each other, as means CT contin-
uing their control of the Company's property
and business, as against ts creditors aud pro.
! ,bor in tha mi Of tl,air f,,,
ulcnt advantages, and was never intended tc
| be executed, but used ~ II protect ion and cover
against creditors and stockholders, of then
breaches Of trust and msmanagcment; that
when said decd was made, said Trustees wer,
all officers of said Company, and during the
time they claim TO have acted as Trustees, all
nets dono by them about the business of the
| Company was in their capacity ms ofiicers;and
that they obtained possession of money and
paid themselves duriug the whole period large
salaries rs officers, to n greater amount than
they would have been entitled to as Trust cs
| / they had acted under said deed as Trustees:
and larger than they were entitled to as Of
tcers-thmt said deed was n fraud on creditors
and on complainant, connected by these Trus.
tees, and they can claim nothing under it. The
Bill also states, that Meha fey Bloodgood anC
Sherman are all non-residents of Maryland
tha. the two former, rs complainant is advised
and bcliev es, are in solvent, and Sherman pos
sessed of little pecuniary responsibility; tina
each and all of HON are largely indebted unit
complainant for monies taken aud used unlaw
fully, which came iltO their possession as of
licers Of complainant, which, it has no rensoI
to hope it can recover, except to n small ex
tent nd that if commissions are given them nj
Trustees this will in fact increase the large losse
already sustained by their msmana cement nj
nefarious dealings with its property; that com.
painant is VIGOROUSLY responsible for all in.
~.
| reconvcyancc of the property ought TO be de
creed to be made by said Trustees to it, ant
not delayed until the time which may be re-
CURED to ascertain the other relief due it il
the premisas--all which acts of said MehafIev
Blood good and Sherman are contrary to Equity
&c.
The Bill then prays for an injunction re
straining said Trustees their agents, &C., from
selling or interncddling with any of the prop
crty left undisposed of, or its possession &c.
and fer a decree for the rcconveyauce Of tn,
property, the annulment of the trusts Great ed
by the deed, and IN account Of all monies be.
longing to- complainant received by said Trus.
tees, or any Of them, in any capacity: that said
deed may bc set aside as fraud and if said
Trustees or any Of them, should be entitled
in the opinion Of the Court, to any compensa.
tioa IA such, that complainant may set on and
discount thcretrom, such sums as they and each
Of them, said Trustees, have received as sala
res or allowance during the time; and such
sums lso said com panant can show have
been lost by it, by tho fraudulent stock-gam
bling sales and purchases hereinbeforc men.
toned and by the fraudulent sale to Sherman
and Dean and the fraudulent expenditures
made for the benefit Of Sherman and Dean, by
said Trustees as mentioned, and also such sums
of money as are owing it by said Trustees, AM
will be found to be due from them, or either or
any of them, on accounts to be stated between
it aud them, and every of them, or which may
be due it from them in any capacity; all such
discounts to be allowed in respect to the in.
debtcdness OF any and all of them, as shown by
the proof, &C., and for further and other relief
&C., and also, for order of publication Civ
ing notice to each and all of them, said Me.
haiTey, Bloodgood and Sherman, being nom
residents, of the substance and object of this
bill, &C., and warming them to appear and an.
| swer the same, &C., and prays for the writ o!
injunction for the purposes above stated, &c.
This original bill of complaint was then
amended, stating in the amendment the sub
stance of the bill, as above referred to, and
that it was filed in this Court against said An
drew Mehafcy, Francis Bloodgood and All en-
M. Sherman; which amended bill was filed in
this Court on April I'd, 1869, and states also,
that said Mehaifey, Bloodgood and Sherman
had appeared and answered said original bill,
and in their said answers, amongst other de.
fences, alleged that one Luther r. Marsh, of