Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-02


Maccubbin moved to the State Of NJ issouri, ant
afte- having made and duly executed his las
will and testament departed this life on o.
about the 18th day Of February, in the yea
eighteen hundred and iifty-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, or interest in the lands aforesaid
to said Alpheus Maccubbin, in trust for tie ust
and benefit OF said Thomas NJ Maccubbin. dn.
ring his natural life, and to his heirs after biz
DEATH
The bill furlhe states, that the bill Of com.
plant of Richard J. Bowie, trustee, and AL
phcus 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.
1869, and states that said deed Of trust was
given to said Bowie, 10 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 bin 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 subiect1nat-
ter thereof. The said Alpheas Maecubbj ia re
sides in the State Of Missouri, and had no'fhll
AND accurate knowledge Of the trur-state OF
the'fcts, aud the said Thomas NJ Maccubhin
being in necessitous circumstances, was in
duced by the receipt of small sums Of money
from said Iloratio Trundle, aud sundry spe-
cous, but iallaeious inducements and promises
from said Trundle, without the knowledge or
gpn nrt cfb ne saf1 Taf.r
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 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 eiahty-nIno
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 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 Naior, 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, a 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. c. 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 Zachariah
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 apprsed Of the defects in said
title, alleged in this bill OF complaint; and
that this bill would be fled to SET aside said
several sales before he completed the SAID con-
tract ana paid the purchase money, il, in fact,
he has made such payment atall.
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 lloratio Trun-
die is not citizen of this State, and doth not
reside herein, but resides in the State of Viz
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 thoreupon 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 compliments 10y causing copy Of this
order to be inserted in some newspaper pub
lished at Rockville, once in each Of three sue
cessive 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 or by
solicitor, on or before the second Monday Of
November next to answer the premises and
show cause, il any they have why a decree
oughtnot to pass as prayed
Test, JAMES G. HENING, elk
Circuit Court for Montgomery county.
True copy-1est,
JAMES G. HENING, Clerk
Circuit Court for Montgomery county
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