Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-25

:
Maccubbin moved to the State Of Missouri and
afte- 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 Zachariah Mac
cubbin, deceased, compliments against Thorn
as NJ Maceubbin, defendant was filed in this
Court, on or about the 18th day of December,
1859, and states that said deed Of trust was
given to said Bowie, to secure said sam 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 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. MaecuDsaf
being in necesstous circumstance, wasSd--
duced by the receipt of small sums Of money
from said Horatio Trundle, and sundry spe-
cious hut 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
ty, by means Of the pretended mortgage and
second sale of said land by said Bowie.
The bill further states, that, on the 18th Of
February, in the year, l849 when said Trun-
die purchased said claim from said Gather,
the amount due thereon was seventeen
hundred and nine dollars and eighty-nIne
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 o 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 Alli-
son Nailor, on the first day of May, eighteen
hundred and fifty-nine, exchanged one OF said
lots with William Il. 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 26th day of February, 1861,
said Nailor, executed to said Birch bond of
conveyance, therein describing the lot so ex-
changed by metes and bounds, courses and
distances. This lot is the said Thomas NJ .
Maccubbin's full third part of all the lands
mentioned in said deed Of trust to said Bowie
The bill further states, that, ON the Goth 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
ises which the said Horatio 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 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 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 be completed the said con-
tract, AND paid purchase money, If, in fact,
he has made such payment atal.
The bill further states, that said John w.
Anderson having resigned Lis aforesaid trus-
teeship under the will of said Mary Maccubbin,
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 of this State, and doth 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.
Ii 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 complainants, by causing copy of this
order to be inserted in some newspaper pub
lisbed at Rockville, once in each of three sue
cessiye weeks before the first day of June 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 OF by
solicitor on or before the second Monday of
November next, to answer the premises and
show cause, if any they have, why decree
ought not to pass as prayed.
Test, JAMES G. HENlNG, elk
Circuit Court for Montgomery county.
True copy-Test,
JAMES G.. HENING, Clerk
Circuit Court for MoItpomery county