Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-07-03

to the payment of their pretended commissions,
as Trustees, to which they were in no manner
entitled advertised for sale in the Democratic
| IHeglniaR, n newspaper published III Allie
gany County, Il valuable portion OF the real
estate of complainant, TO witt Part of Il tract
| of land called Commercial Mart, lying la
the county aforesaid, on which is erected the
! valuable coal shipping wharf of complainant,to
| be sold by them, us said Trustees, on Tuesday,
| November LIST, 1859, on terms to be made
| known on day of sale; said Trustees being
! then and for long time anterior to and since
| October Sth, 1850, aware that said complainant
was able and ready at all times to pay and
satisfy all cr inns secured by said deed OF trust
and that the complainant has been fer the
| same period DESTROYS to account with them
and 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; and
also that no Indebtedness secured, or protested
to be secured by said deed, justly due from
complainant, remains unsettled and unsatiS-
| fed.
The Bill further states, that said attempt thus
made to interfere with complainNnt's property
is II wilful abuse of the power which might
have been otherwise lawfully exercised by said
Trustees if TIE same had been required for the
| pavment of any just debt secured by said deed.
! That complainant is entitled to n 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 incurred by
said Sherman Mehntfey and Bloodgood, or
any Que 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 entry had
been made in complanants books, by the d-
rccuon of said Sherman and Mehatiey, dated
March 2Olh, 1858, of $500, paid Sherman
in full Of all claims against the complainant.
of every kind; and subsequent to said entry
about October /, 1858, Sherman admitted him
self indebted to the complainant in the sum
Of Si,GS7, on an account, near.y all of which
was for monies of complainant unlawfully
used in Shcrmnn's business at Alexandria in
1886 and 1857 by direction Of said Mehafiey,
Bloodgood and himself. The bill also states,
that at date of deed of trust, actual outstand-
ing debts Of complainant, provided for in it,
did not exceed much, if at ALL 100000 but
IL small part of which was paid until paid by
stockholders, under the act Of January session
1853 chapter 252, authorsing the conversion
o u portion 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
into money, were made by comp lainant itself,
f aud rot by or under authority of the Trustees;
and all said debts were paid without the inter
venti0n OF said Trustees. That said decd OF
, trust was contrivcd by said Trustees, acting in
concert with each other, as means CT contin-
uing their control of the Companys property
4 and business, as against its creditors aud pro.
i | footing them in the enjoyment of their fraud
| uicnt advantages, and was never intended tC
. be executed, but used as II protection and cover
), nrainst creditors and stock elders, of then
II breaches Of tlust and mismanagement tina
: when said deed was made, said Trustees were
Il all officers of said Company, and during The
, time they claim to have acted as Trustees al
i acts done by them about the business of thu
| Company was in their capacity rs oficers;ant
I that they obtainei possession of money, anC
s paid themselves duriug tho whole period large
I salaries as officers, to II creator amount thar
= they would have been entitled to as Trust .es
n , If they had acted under said deed as Trustees
II and larger than they were entitled to D. of
) Hcers--thut snid deed was fraud on creditors
is and on compla inant, Connected by these Trus
n taps. and thcy can claim nothing under it. Tn
Il Bill also states that MehahGey Bloodgood an,
$. sherman are all non-residents of Marylan
r. that the two former, as complainant is advise
ST and believes, are insolvcnt, and Sherman pos
sessed Of little pecuniary responsibility; tina
each and all of them are largely indebted unit
ii conn lainant for monies taken an I'd used unlaw
= fully, which came i"tO thoir possession MS OF
y, hccrs Of complainant which, it has reuso
3 to hope, it can recover, except tic n small cX
&c tent and that If commits ions are given them a
=
j. already sustained by their mismanagement n
c nefarious dcsiingswith its property; that com
| niainaut is VIGOROUSLY responsible for all in
S dcbtedness secured by said deed, and that
d reconveyauce Of the property ought to be de
+ creed to be made by snid Trustees to it, an
r not DELAYED until the time which may be re
r aured to ascertain tho other relief due it il
A the premises-all which acts of said Mohalfey
h Bl0odrood and sherman are contrary to Enuit
d &c.
d Tho Bill then prays for an injunction re
# straniug said Trustees, their agents, &C., iron
V selling or Intern oddling with any of the prop
3 crty left undisposed of, or its possession &c.
II and fer n decree for tho reconveyance of th
4 property, tho annulment of tho trusts crcatet
a by tAc d,ol, and an account Of all IN onies be
d, ! longing h complainant received by said Trus
: tees 81 any of Thorn, in any capacity that sal
!, | deed may be set aside as Il fraud; and if sal
= | Trustees. or any Of them, should he entit cd
: in the opinion Of the Court, to any cOmpensa
:" ti0a MS such, that complainant may set of AM
| discount therefrom, such sums as they and eacl
: Of them, said Trustees, have received rs sala
J | ries or allowance during the time; aud sue
} sums lso as said com panant can show hav
II been lost by it, by the fraudulent stock-gam
" bling sales and purchases hercinbefore men
| toned and by the fraudulent sale to Sherman
: and Dean and the fraudulent expenditure
, | madG for the benefit of Sherman and Dean, b,
snid Trustees as mentioned, and also such sum
: OF money as are owing it by said Trustees, an
! will be found to be due from them, or either o
u any of them, on accounts to be stated between
, it and them, and every Of them or which ma,
u he duo / from them in any capacity; all sucl
: discounts to be allowed in respect to the in
l. dcbtedness of any and all of them, as shown b,
the proof, &C., and for further and other relief
+ &C., and also, for an order of publication Civ
J ing notice to each and all nf them, said Nc
n hnfIey, Blcodgood and sherman, being non
i residents, of the substance and object Of thi
h bill, &C., and warning them to appear and an
I swer thu same, &C., and prays for the writ o
t injunction for the purposes above stated, &c.
r This original bill of complaint was ther
1 amended, stating in the amendment the sub
{ stance Of tho bill, above referred to, anC
l that t was filed in this Court against said An
/ drew MehafTey, Francis Bloodgood and All Ell
, NJ. Sherman; which amended bill was filed il
! this Court on April I'd, 1862, and states also
, that said MehatIey, BloodgoCd and Sherman
/, had appeared and answered said original bill
and in their said answers, amongst other de
rences. alleged that one Luther h. Marsh, OF
: the CITY of New York, is a known creditor OF
complainant secured by said deed Of trust, and
ought to be made party defendant in this
suit: and that publication also should be made
for unknown parties who may be creditors OF
onu,plninant and secured under said de ed, and