Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-06-20

The bill further states that said Zachariah
Maccubbin 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-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, omplainantsagainst Thorn
as NJ Maccubbin, defendant, was filed in this
Court, on or about the 18th day of December
1882 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. Maccpbbin
! being in hecessitous circumstances was in
I duced by the receipt Of small sums of money
from said Horatio Trundle, aud sundry spe-
cious, but fallacious inducements and promises
from said Trunde, without the knowledge or
& L. L 7.
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-mne
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, overpaid 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 Nailor, 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 dity-nine, exchanged one ofsaid
lots with William II. Birch, for houses and lots
/ in Washington, valued ut 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 Nallor, 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. Trunde, sold and agreed to convey to
I said William II. Birch, all the landsand prem
/ Uses which the said Horato Trundle obtained
4 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, aS,d~sur
which said Birch agreed to pay said Trundle
the sum Of two thousand dollars as soon MS 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 he filed 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-
tecship under the will Of said Mary Maccubbin,
deceased, the said Joseph G.. " hite was duly
appointed by this court trustee in his stead.
The bill further states, that said Horatio Trun-
die is not citizen ofths State, and doth not
reside herein, but resides in the State Of Vir-
gina; and that the said Allison Nailor is not
citizen Of this state, and doth not reside
herein, but resides in the District Of Columbia.
J IL is thereUpon 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 complaiuants, by causing copy Of this
order 20 he inserted in some newspaper pub
lished at Rockville once a week for four sue
cessiye weeks before the LIST day Of August next,
give notice TO the said absent defendants OF
the object aud 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, 20 answer the premises and
show cause, il 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.. UFNING, Clerk
Circuit Court for Nor tgomcry county.
may at