Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-18

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and all the claims OF the parties to said deed.
in and TO said undivided moiety, for the sum
Of twenty-five huudred dollars, and the said
purchaser then entGred into possession thereof
The interest of sale. Thomas was an undivided
third part, and not an undivided moietv as
stated in said decd
The bill further states, TINT before the 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 Maccubbln; ane was then the owner there
of.
The bill further states, that said Richard J
Bowie, Trustee as aforesaid, did on or about
the 3lst day OF March, in the year 1857. sell
and on the 10th day Of May in said year, con
vey 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, OF, and for the sum Of two thou
sand dollars, which waspaid to said trustee
and the said purchaser then entered into pos
session Of said premises The said sale was
made without due authority, the purchase
money was grossly inadequate TO the fair mar
kct value Of the property the sale was never
reported to, and ratified BY, this Court. ana
was made after The death Of sud parties, and
was fraudulent and void
The bill further states, that said Zaehariah
Maccubbn moved to the State of Missouri. and
afte9 having made and duly executed his last
will and testament departed this life on or
about the 9Th day Of February, in the year
eighteen hundred and ifty-seycn, which will
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,
ff,s l,,l.., I. 4 e
and benefit Of said Thomas NJ, Naccubbn, 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 Zacharjah Mac
cubbin, deceased, complainants against Thorn
as NJ Maccubbin, defendant, was filed in this
Court on or about the 18th day Of December,
1859, and states that said decd 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 companants have prayed may be made
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 Naccubbin
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 Trnndle without the knowledge or
4.fl, ta.- a 4
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-nme
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 by said Bowie, trustee to said
Trundle, overpaid the said debt and interest,
and left a 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 Nailor, on the first day Of May, eighteen
hundred aud fifty-nine, exchanged one ofsaid
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 inte-
rested, and on the Goth day Of February, 1861,
said Nailor, executed TO said Birch, a bond Of
conveyance therein describing the lot so ex-
changed by metes and bounds, courses and
distances This lot is the said Thomas N.
Maccuhbins full third part Of all the lands
mentioned in said decd Of trust TO said Bowie.
The bill further states, that, on the 10th day
of October, in the year 1861 said Horatlo
Trundle, by his agent and attorney in fact,
A. G. Tfundle sold and agreed 70 convey to
said William II. Birch all the lands and prem
Uses which the said Iloratio Trundlc obtained
from said Thomas NJ, Mary and Zachariah
Maceuhbin, or their trustee, except such parts
thereof, as the said Trsndle had previously sold
to said Naior, and to one Chaplin and for
which said Birch agreed to pay said Trundle,
the sum Of two thousand dollars as soon as he
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 10y
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 saKs before he completed the SAID con-
tract, and paid the purchase money, if in fact,
he has made such payment atall.
The bill further states, that said John W.
Anderson having resigned Lis aforesaid trus-
teeship under The will Of said Mary Maccuhbin,
deceased, the said Joseph G. White was duly
appointed by this court trusteein his stead,
The bill further states, that fioTatio Ifun-
die Is not citizen ofthis State, and aoth 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.
1t is thereupon 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 compliments by causing copy Of this
order to be inserted in some newspaper pub
lishod at Rockville, once in each Of three sue
ccssive weeks before the first day of June next,
give notice to the said absent defendants OF
the object aud substance Of This bill, and warn
them to appear in this conrt in person or BY
solicitor, on or before the second Monday Of
November next to answer the premises and