Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-30

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, at, and for the sum of two thou
sand dollars, which was paid to said trustee
and the said purchaser then entered into DOS
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 Sud parties. and
was fraudulent and void
The bill further states, that said Zachariab
Maccubbin moved to the State of Missouri. and
atte. 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 fifty-seven, 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, 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 Zaehariah Mac
cubbin, deceased, compliments against Thorn
as NJ Maccubbin defendant, was filed in this
Court, on orabout the 18th day Of December
1859, and states that said deed Of trust was
given TO said Bowie, to secure said sun of
money and interest to said Gather; III Of
which will more fully appear By refefgHce TO
said bill, which, together with all exhibits,
the compliments have prayed may be made a
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 Maccubbin
being in neeessitous circumstances, was in
duced by the receipt of small sums of money
from said Horatio Trundle, aud sundry spe-
cious, bat 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
I 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
] III llt Cur, 1910, when stlu lfun-
| die purchased said claim from said Gather,
| the amount due thereon was seventeen
hundred and nine dollars and cighty-nne
cents, on which said Thomas NJ Maccubbin,
made two payments Of one aud 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
1851, 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 and ffty-nine, exchanged one 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 inte-
rested, and on the Goth day of February, 1861,
said Nailor, executed to said Birch, bond Of
lconvcyance, therein describing the lot 30 ex-
changed by metes 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 II. Birch, all the lands and prem
Uses which the said lloratio Trundle obtained
from said Thomas NJ. Mary and Zacharah
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 Trunde,
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 by
said Trundle Of said Bowie, trustee and the
said Birch fully apprised Of the defects in said
title, alleged in 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 epurchase money, it, in fact,
he has made such payment tall.
The bill further states, that said John w.
Anderson having resigned Lis aforesaid trus-
teeship under The will Of said Mary Maceubbin,
deceased, the said Joseph g. White was duly
appointed by this court trustee in his stead.
The bill further states, that said Horatio Trun-
die is not a citizen this State, and doth not
reside herein, but resides in the State Of Vir-
ginia; and that the said Allison Nailoris not
a citizen of this State, and doth not reside
herein, but resides in the District Of Columbia
II is thereupon ordered by the subscriber,
Clerk of the Circuit Court for Montgomery
county, this twenty-ninth day Of April, in
the year eighteen hundred and sixty-two, that
the complainants, by causing copy Of this
order to be inserted in some newspaper pub
lished at Rockville, once a week for four sue
cessive weeks before the lst day OF August next,
give notice to the said absent defendants OF
the object and substance Of this bill, and warn
them to appear in this court in person or by
solicitor on or before the second Monday Of
November next, to answer the premises and
show cause IT any they have, Why a decree
ought not TO pass as prayed.
! Test, JAMES G. lIENlNG, CTk
Circuit Court for Montgomery county.
| True copy-Test.
JAMES G. HENING. Clerk
Circuit Court for montgomery county
may 9-4t