Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-07-10

| money 1Or Inc purpose Vi applying 'He Stine
| TO the paymen of their pretended commissions
as Trustees, to which they were in no manner
entitled, advertised for sale in the Democratic
AUeganian, q newspaper publ shed in ALLIE
gany County, u valuable portion of the real
| estate of complainant, to wit: Part of q 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, 1859, on terms TO be made
known on day of sale; said Trustees being
then and for long time anterior to and since
October 9Th, 1859, aware that said complainant
was able and ready ut all times to pay and
satisfy all claims secured by said deed OF trust
and that the complainant has been fer the
same period DESTROYS to account with them
aud 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; ard
also that no Indebtedness secured, or protested
to be secured by said deed, justly due from
complainant, remains unsettled and unsatiS-
fled.
The Bill further states, that said attempt thus
made to interfere with compartments property
is II wilful abuse of the power which might
have been otherwise lawful y 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 10 rcconvey-
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 inca 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 the di-
rcctlcn of said Sherman and Mehaifey, dated
March goth, 1858, of 81 800 as paid Sherman
in full Of all claims against the complainant.
Of every kind and subsequent to said entry
about October |, 1858, Sherman adm tilted h i'm
self indebted to the compla inant in the sum
of S4.6S7, on an account, near.y all of which
was for monies of complainant unlawfully
used in Sherman's business at Alexandria in
1856 and 1857 by direction of said Mehaffey,
Bloodgood and himself. The bill also states,
that at date of deed Of trust, actual oatstand-
ing debts Of complainant provided for in it,
did not exceed much, if at all, S2C0. 900; but
, a small part of which was paid, until paid by
stockh oders, under the act Of January session
1853 chapter 2j2, authorizing the conversion
| of n norton 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
r into money, were made by complainant itself.
f and not by or under authority of the Trustees;
= and all said debts were paid without the inter
, trust wac eontriyed by said Trustees, aeting in
concert with each other as a means CT coniin-
uing their cnntrol of the Company's property
! and business, as against its creditors. aud pro
! | tecting them in tho enjoyment of thor fraud
ulcnt advantages, md was never intended to
be executed but used as n protection and cover
| against creditors and stock h Jlders, of cir
breaches of trust and mismanagemen that
when said deed was made, said Trustees were
! all officers Of said Company, and during the
time they claim to have acted as Trustees n II
J acts done Ivy them about tho business of tn Q
Company was in their capacity as ohicers;and
that they obtained possession of money. md
paid Themselves duriug tho whole period large
salaries ms officers, to greater amount than
thoy would have been entitled to as Trust es,
| if they had acted under said deed as Trustees;
and larger than they were entitled to as Of
ficcrs-that said deed was fraud on creditors
and on complainant, concoctsd by theso Trus-
tees, and they can claim nothing undcri it. The
| Bill also states, that Mchafey Boodgood and
Sherman arc all non-resdents Of Maryland
r that the two former, n 5 complainant is advised
I and believes, are insolvcnt, and Sherman pos
sessed of little pecuniary responsibility: that
, each and all Of them are largely indebted unto
compla inant for monies taken and used unlaw
fully, which came Into their possession of.
; fcers of complainant, which, it has no reason
: to hope, il can recover, except tc n small eN.
, tent, and that il commissions are given the n,
Trustees this i'll in fact incroas the large loste!
already sustained by their mis- Encouragement ant
nefarious dealings with its property; that com.
plainant is VIGOROUSLY responsible for all in
$ debtedness occurred by said dead, and that
reconveyancc Of the property ought to be de
creed to be lnado by said Trustees to it, anC
r not delayed until the time which may be re-
r quired to ascertain the other relief duo 1t il
l the premisss-all which acts of said Mchaiiey
d Boodgood and Sherman are contrary to Equity
/ &c.
] The Bill then prays for an injunction re
t strainng said Trustees, their agents, &C., from
y selling or eddling with amy of the prop
5 erty left undisposed of, OF it's possession sc.
n and fer decree for tho reconveyance of th,
A | property, tho annumcnt of the trusts created
. by the deed, and an account of all monies be
= lon ging to complainant received by said Trus
a tees, or any Of them, in any capacity that sai,
= deed may be ret aside fraud; and if sal,
Trustees, or any of them, should BIO entitled
:, in the opinion of tho Court, to any compensa
ton n. SUCH that complainant may sc of and
: discount therefrom, such sums ms they and eacl
% of tn EN-, said Trustees, have received ms sala
I ries or allowance during the time; and suct
y sums lso as said complainant can show have
been lost by it, by the fraudulent stock-gam
n bling salos and purchases hercinbefore men
: toned and by the fraudulent sale to Sherman
g and Dean, and the fraudulent expenditure.
Z ! made for the benefit of Sherman and Dean, by
= said Trustees a mentioned, and also such SUM-
J. of money MS are owing it by said Trustees, unt
I will be found to be due from theln, or either o.
d any of them, on accounts to bc stated beweeI
l. it and them, and every Of them or which may
n be due it from them in any capacity; all sucl
;. discounts to be allowed in respect to the in
|, dobtsdness of any and all Of them as shown b.
the proof, &C., and for further and other relief
= &c., and also, for an rider of publication Civ
:, ! ing mott CO to each and all of them, said Me
), haiTey, Bic odgood and Sherman, being non
= residents, of the substance and object of th
!, bill, &c, and warning them to appear and an
u swer the same, &C., and prays for the writ o
?. injunction for the purposes above stated, &c.
p This original bill of complaint was thei
! | amended, stating in the amendment the sub
= stance of the bill, MS above referred to, ant
4 that il was filed in this Court against said An
= drew NJ chaGey, Francis Bloodgood and Alier
i NJ Sherman; which amended bill was filed il
= this Court on April 81, 1862, and states also
= I, that said Mehaffey, Bloodgood and Sherman
had appeared and answered said original bill
q and In their said answers, amongst other de
fences, alleged that one Luther X. Marsh, o
: the city of New York, is a known creditor o
II complainant secured by said deed of trust, ans
r ought to be made party defendant in th
d suit; and that publication also shonld be mad
i for unknown parties who may DO creditors o
: nd paare i'll de ed NJ