Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-09


4 AIaccubbin moved to the State of Missouri. and
after 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-seyen, 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 ]. Bowie, trustee, and Al
phens Maecubbin, executor of Zachariah Mac
cubbin, deceased, compliments against Thorn
as NJ Maccubbin 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. Maccubbin
being in necessitous circumstances, was in
duced by the receipt of small sums of money
from said IIoratio Trundle, and sundry spe=
cious, ousinduceinents'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 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 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 10y said Bowie, trustee to said
Trundle, overpaid the said debt and interest,
and left balance due to said Thomas NJ. Mae
! cubbin, which has not been paid, but still re-
mains due and owing.
The bill further states, that said Trundle
. n IL
1851, sold to Allison Nalor, three lots of said
land, for the aggregate sum Of seyenty-one
hundred and fifty dollars that the said Ali
son Nailor, on the first day Of May, eighteen
hundred and iifty-nine, exchanged one fsad
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 26ih 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
Maccubbn'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 1851, said llorato
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 lloratio Trunde Obtained
from said Thomas NJ, Mary and Zacharah
Maceubbin, 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, end
Whlcn is the residue OF the lanuS purchased by
said Trundle, of said Bowie, trustee, and the
said Birch fully appraised 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 he completed the said con-
tract, ana paid thepurchase money;if, in fact,
he has made such payment atall.
The bill further states, that said John w.
Anderson having resigned lis aforesaid trus-
tecship 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 Ild#Eio Trun-
die is not citizen Of this State, and doth not
reside herein, hut 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 ihereupon ordered by the subscriber,
Clerk of the Circuit Court for Montgomery
county, this twenty-ninth day of April, in
the year eighteen hundred and sixty-two, that
the complainants, by causing a copy Of this
order to be inserted in some newspaper pub
lshed at Rockville, once n week for four sue
cessive weeks before the LIST day of August 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, if any they have, why decree
ought not to pass as prayed.
Test, JAMES G. HENING, elk
Circuit Court for Montgomery county
True copy-Test,
JAMES G. HENING, Clerk
Circuit Court for Mon tgomcry county