Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-04-30

| George A. Fearer, MOSES a. hoSS, oulllVAt
job nson, Elizabeth Myers, Philip W. Harner
ton, John Frantz of JOS. Isaac Frazee, Jere
miah Guard, David Kent, John L. Hook, Eiz
abeth Lowdermik, and Eve Cuppett.
In the Circuit Court for AAegany County, as q
Court Of Equity. No. l435.
THE object of this suit is to procure
l. a decree for the sale of certain real estate
in Allegany County, Maryland, described in
mortgage hereinafter mentioned, from Georgt
| A. Fearer to Ross & Johnson and others, and
to have receiver appointed and sale mai
of certain personal property mortgaged BY said
George A. Fearer to Philip W. Harner and
others by two mortgages hereinafter mention
ed, aud the proceeds Of said real and personal
estate applied to the payment of certain judg-
| meuts and executions of the complainants, and
said mortgages set aside as far as they impair
the rights Of the complainants and each of
them.
The Bill states that the complainant Charles
K. Bruce obtained judgment in the Circuit
| Court for Allegauy County, on the first day
of January Term 1861, being the 7th day of
the month, against the defendant George A.
Fearer for SlO9,79 with interest from date I'M
til paid and costs &c. and that he issued
writ of teri fdc,as on said judgment, being No.
43 Judicus TO January Term 1868 of said
Court and that said writ was levied on all
said real estate described in a mortgage from
said George A, Fcarer to Ross & Johnson
Elizabeth Myers, John Frantz of Joseph, Isaac
| Frazee, Jeremiah Guard, David Kent John l..
Hook, Elizabeth Lowdermlk and Eve Cuppet
recorded in the Clerks Office of said County
on the 7lh day of January 1861. and on all
sail personal property described in mortgage
| from said George A. Fearer TO Philip w. Har-
ner, Sarah Harner, Susan Cohens, Elisha Fra-
zee, Thomas Liston, Eli McMillen, Samuel X.
Frey, George Riley and Bernard Riley, record
cd in said Clerks Office on the 9th day OF Feb
| Fearer to all said last named pa rites except
Bernard Riley, recorded in said Clerks office
on the 3lst day of October 1862, said three
mortgages embracing all the real and personal
| property of said George A. Fearer.
Aud that complainant Louis Schooler also
obtained Judgment in said Court on the said
| 7th day OF January 1861, against said George
| A. Fearer and Ralph Thayer, for $124,0O with
! interest until paid and costs $6,5Sa, and issued
| a writ of feri facids theron, being No. IL Ju-
"details to January Term 1868 OF said Court,
and that said writ was levied on all the said
! rca! and personal property. embraced in said
thgc. mortgages, and certified copies OF said
iud .neu,s, writs and the Sherifs returns
thereto are filed with the bill.
The i'll charges that with a design TO pre-
vent the making the money on said judgments,
| said Fearer executed the said mortgage to
| Ross & Johnson, a firm composed of Moses A.
Ross and Sullivan johnson, and doing bust
ness at Petersburg, Pennsylvania, and Eliza
beth Myers. of Virginia, and John Frantz Of
Joseph, Isaac Fraze, Jeremiah Guard, David
Kent, John l.. Hook, Elizabeth Lowdermilk
and Eve Cuppet OF Allegany County Aforesaid,
for all bis real estate particularly described in
said mortgage. and placed the sa me on record
| in the Clerks Office of said Circuit Court Tor
Alegany County on the 7th day of January
1861, being the same day on which said judg-
| ments were obtained and in order to defeat the
lien of said judgments on said lands And
that said mortgage WAS fraudulent and void
against each of the compliments, and intended
to screen said real estate from the lien of said
Judgments, which said Fearer and all said
mortgages knew compainaAts wo1ld obtain
on said 18th day of January 1861, and that said
judgments are prior lien on said lands TO
said mortgage, il i! be valid at ALL and that in
any event the said mortgage has no priority
over said judgments, which are as old as liens
rs it and entitled to be paid out Of the pro-
| cseds equally with it; and that said lands can
| not be sold under said executions by the reason
| of the doubts said mortgage throws over the
| title and on the question whether the pnrcha-
| ser under said executions would be liable for
any or all of said mortgage claims and that
| if the mortgage debts ever existed and the
mo rtgase had any validity that the same has
| been wholly or in great part paid since it was
executed, but compainants are ignorant what
| sum remains due on it, and what has been
| paid, and calls on said Fearer and said mort
| gagees for particular account of all payments
made thereon, and certified copy of said
mortgage is filed rs an EXHIBIT with the Bill.
The Bill further charges that bout the time
when the complanants could issue executions
on said judgments, which they could not do
before the first Thursday of April Term 1861
of said Court, the said Fearer, to defraud COM
plainan,s and defeat said judgments, combined
with and executed a mortgage to Philip w.
| Harner, Sarah Harner, and Susannah Cohens,
of Monongahela County, Virginia, and Thomas
| Liston, of Somerset County, Pennsy lvania, and
Elisha Frazee, Eli McMullen, George Riley,
Samuel X. Frey and Bernard Riley, of said
| Alegany County, for all his personal property
| and put the same on record in the Clerk . Of
| flee of the Circuit Court for said Allegany
County on the 9Th day of February 1861, and
| a certified copy of said mortgage is filed as an
| exhibit with said Bill
The Bill further charges, that said Fearer
has always remained in possession of said per-
sonal property embraced in said mortgage and
used it as his owl ard wasted, sold and dis
posed of part OF it, with the knowledge and
appreciation of each Of said mortgages, and
that it was intended merely to screen and
protect said personal property from execution
| on said judgments, and was never a bona tide
security for any real debts, and has no valid
ity against said judgments and executions /;
and that if any debts prete1 ded to be secured
thereby ever existed, the same are paid by the
waste, consumption and disposition of part Of
said property by said Fearer with the knowl-
ge and appreciation of said mortgages, and
| by pay ments made 10 all and each of them.
The Bill further charges that said Fearer,
combining aud contriving further to defraud
compliments and each Of them, on the 3Ist
day of October 1862, when the stay law was
shout to expire and execution could on LIST
November 1862, be issued on each of the said
judgments, executed and placed on the records
OF said County another mortgage to the same
parties as the last mentioned mortgage was
made to, except Bernard Riley, for all the per-
sonal property he has acquired since the date
| of the said mortgage recorded on the 9th day
of February 1861, and that said last recorded
mortgage, certified copy of which is filed as
| an Exhibit with said Bill is void and not bona
| fde and that the debts named in it are fcti
| tious and the same as named in the first mort
gage to the same parties except Bernard Riley
though different in amounts, and that said
Fearer has ever since remained in possession
| of, used and enjoyed az his own the said per-