Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-07-11


The bin further states, that said Zacharial
Maccubbin moved TO the State of Missouri, ant
aitec having made and duly executed his las
will and testament, departed this life on q,
about the 9Th day Of February, in the yeal
eighteen hundred and ffY-seven, which viii
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 orintcrest 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 10 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 Zachariah Mac.
cubbin, deceased, complainants 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 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,
accomplishments 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 canse 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 Alpheas 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 necessitous circumstances, was in
duced by the receipt Of small sums Of money
from said llorato Trundle, and sundry spe-
cious, hut fallacious inducements and promises
from said Trundle, without the knowledge or
. ~ l. t4 : IL,
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 bin 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 eghty-nlno
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, oyerpaid 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 Trundlc
some time inthe month Of April, in the year
1867, sold to Allison Nailor, three lots Of said
land, for the aggregate sum Of seyeuty-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 u 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 ali parties inte-
rested. and on thu Goth day Of FEBRUARY. 1861.
said Nailor exeeuted 10 said Birch a bond Of
conyevonce therein doscribin, he iot So ey.
cbanged bv mefes and lopnds conrses ana
distances This Iot is tbe ala Thouas NJ
Nercnbbinrs G,l third nart III an tbe lands
mentioned in Ala aeea r. t,,,et ~ soid Ro,,io
.Tbe I'm further stotes nat ON he Doth dov
or Ocloler IN no ,,car 1eel said 4orot;o
Trnndlo ~, bis eoeant ana attorncy in f,ct
q Trn5dio ia ma o,reed ~ .o,,,,ot,
said William II Rirrb IN fbelan5send e,,o,n.
isos which tbe e,;d Iroratio rr,y,dlo oltsired
rom soid Thor,as n Mo-, ard zocl,ariah
Maccnhbin ~ thoir trnsseo o,,ca,,t s,,cl, ,,a''a
tbereof rs he soid rrnndl 4 Ia
10 seid Nsiior ma teono Cbar,,i,, aaa en- enr
which soid RiTcl, o,rcod ~ ,,s,, gsjd traadIcs
tbe emu, ~ two tbo,,sor,1 doilors az soo,, as ~
sbonld he adyise1 IN, lie connssI leSrnod in
the law FIAT ne tifle tbereto vas good ana
which i5 Tho res;dnc Of no lands nuTrcbo9ed'by
eoid TrnndTe 81 said pouie trnsiee and ne
saiS I};rcb f,ilv an,,.ised n ~ dosed,s in ala
lille ALLEGED N tbis I'M If comnlaints ana
thot tbis m would bc olod 10 set oside said
several eve All salas beeore he cnmieted he so;d Com