Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-06-19

u'l,o nil than sta.es that nrncapdi ha va
boon Instituted AGAINST Sherman and Dean.
"a pa;r oss;nnees The Huffman Steom Conf
Ta,,nanr 81 a IIogs,v Countv to avoid seid
saIe and RECONSIDERATION contract That on
Sontember aoth 1877 the dav said decd of
trnst wos made, said Sherman. ON a fair set
tion,ont Of occo,nts bctween comnIainant and
b;nsoIf woaactusllv its debtor tn an omount
eycepding two Thousand dolIars ON nm nc
connt caeiod Loan Account while the sched-
nIe at,sched n sa;d deed If trust includes
hin, "a nrsterred creSitor of comnlainont
mpdor s,;d decd IN an amount exceeding
sic Zoo that the indebtedness in said sched.
10 s,o,n,, ~ somo cher M rt;ae was only an
naran1 and NOT reoI. and much of il amplv
ran,,.os h,, noIlot.rals before the execpiior nj
said decd which latter WAS unnecessary for the
nurpose
The hin tbon states. that said deed of trust
r.as nnnacosso,v for the protection of com.
nIainan,,s creditors and a fraud upon their
rr;ah,s. and mainly resolved upon by the
peard of directors at the instance of Sber-
,an Neha e.v and RIoodoood apparently for
,ho Ianaft ~ creditors az we'll as Of the Com
many. bnt really. in order to continue the
rov'er ond controI of , omplsipant'sf funds and
hus;ness involved and diminished by their
fraudulent misconduct and detention of its
money and propcrty, in their hands; that said
Sherman MebafTev and Bloodpood. by their
n.,,di,rros IF its means to n large oinounl had
ara,,sad sar;o,s omhorrassmen, IN tho nrosecu.
Ion Of ;,s business and =. toilnre n meet
nrountlv ito rah;lities. that they were pre-
ia,t n, a. snnc;.I moo,inq of the Directors of
comrlninant mt its office in New Yerk. on SEN
,on,,,ar 9e,h Iss7 and ot an adionrned meet
;nrr ~ same Of samo nI,ce now dav nartici
na,;ua in all The nrpceedinos at which the
pprenaro,ion and execution of this deed of
,,,, ,'os d;roc,ed nd rosolvod nm and il was
80 na,ol,,oG -, rrornsse5lv nv said NnhaH.y
Rloodoood and sherman. as the best mode of
,'ro,on,;,,r cnmnlainant's uronertv dnrinc lie
tthon fnnnc;,I d;firult;es from sale ,nd secri
&C. nn,,I ;,s EobiIiIioe could he deferred and
n,'od ,vi,hont the necessity of anv sale Of
81, i,,nbIa n,onor,v That wi,b his
"n, W 10 nowers wore co, ferrod On
Ia ,r.,s,aas onj Wehafr,v Kloodoood and
s.,u., .nioo,aa as Is,ch ,rrrs,oos ho-
- ,to', ,T.rod N oct ,ri,bo,t any oddi
80, 49, far tboir sor,;cos or cnn,nerSo-
,;on o,Lnr ihon what ,bev might receive os
osnn,s eoid Comnonv in the nositions thew
than ia hotsaid jead nj trust was made
~ ,ha,,, ,ho nayt dow IN vii San,e,,her 9o,h
80 '"' II, VIZ i, ;,s cir
w ".'o nra,;na IN snid Trns,eas MI is
roaI ond ,srsonoI nronertv wherever situated,
VA ,.h;ob had M, bean nreviousIv conveyed
i, trust. that said Trustees should sell and
dispose thereof, or so much as was necessary
,or the purposes of the trust etc and after
having expenses etc, and satisfy wing liens, If
any. t.. npply proceeds to payment of COM
plainan,'s debts. etc, copy OF which deed is
filed with the bill mark ed Exhibit No. l. AS q
mart thereof.
The Bill further states, that all complain
ants liabilities, payment OF which was secured
bv tins deed of trust, have been fully paid and
satisfied by it, and none OF item by said Trus-
tees, cxcert perhaps nine per cent. upon
$40 500 claimed by the Trustees of the Mineral
Bank, rs damages upon protested bills of ex-
change, (since the'hill was filed this has been
compromised and settled by complainant it
self which complainant by advice OF counsel
contested legality OF, and fled copy of docket
entries of this suit with the bill, MS Exhibit
No. 2; and that complainant is ut all times
ready to pay above nine per cent damages, if
Obliged 80 10 do; and that said Trustees, Me-
huifev, Bloodgood and Sherman have now in
their hands monies OF complainant moIe than
su fiji Gent TO pay same that each OF said Trus-
tees, Mehntfcy, Bloodgood and Sherman is
largely indebted to it aud that all of them
ioi ntly are heavily indebted unto il on several
; different ncco, nis, and in sundrv large SUMS,
over and above all claims, they or any one OF, or
any two of them may respectively have against
, it, said complainant.
sTb. RiIl further states. that after said deed
,,os nnda the nrop.rty conveyed by il re.
! ,ninad i. commitments exclusive custody
-, moos.sson and control. an d that said Trustee.
.i;d M ac, in vir,ne of said deed that all Tn,
rronertv covered by il. which was disposed
r. was sold bv the Company itself and pro
,a.ds of sn,es receved nv il. thntn debts due
:, 100 ccJlectcd hy il. and that the whole in.
d.ltcd,ss, dne from il, which was paid, was
n,;S ~, itso,f throuqb ia own officers and
o,,s and !, nrocec1ed in its regular bust
30 nrrc,t ne,hans rho Krrbs dehr hereafter
,men,innc5 That neither said Trustees nor
anr of ,hnm d;d onv net in virtue of said
,rn,, mill IL had hecome onnarent Inn, snch
,,;en ,rss ,nnecassarv Inf ,yhen tbav fonnd
,hev were to he onsted from the mower and
control, which, as chief officers and agents OF
: compluinant, they had SO long enjoyed, tley
then sought to avail themselves OF the powers
they supposed, or claimed, to he vested IN
them by said deed, in order to obtain and
I keep possession and control OF complainant
( business and some OF its property, not Tor the
r benefit OF the cestui que trust, whose interests
they had wholly neglected hitherto, and whicf
$ tncn required no action on thelr part, but rs
| a means, solely, OF protecting themselves IRON
1 the consequences OF their previous misman'
= agement OF, and fraudulent dealings WITH this
Company's property and effects; nd tor theil
= own ends exclusively, regardless of their du y