Maryland free press., 1863-03-06

Thomas Eagon VS.. Jchn u onobo Il 5ohn Eader.
HTO. iT69.-Equitv. the Circuit Court for
IN Washington County sitting Court IT
Eguity.-The object of this suit Is to obtain q do
cree for the redemption of certain nortgagcd
promises situated in Sandy Hook, and now in the
possession of the said John Eader The bill states
that on the tenth day of August 1855 the conf
plainant executed to one David Seigle q mortgage
upon certain Hotel in the village of Sandy Hook
TO secure the payment of S773331s, then due and
owing from the complainant to the said Seigel
upon two bonds exhibited with the Bill, aud that
afterw ards the said bonds assigned by Seiglc
to one Fountain Bcckham, who subsequently, to
wit on or about the 26th of Sept. 1855, assigned
the said bonds to John Donoho, ono of the defen-
dants, and that by virtue Of tho said assignment
he the said Donoho became entitled to the afore-
said mortgage. That after the assignment of the
said Bonds the said Donoho received in discharge
thereof the following euIns of money from the ten
ant in the occupation of the premises to wit from
Margaret Carol the sum of $3.50, the rent duo up
to April LIST, 1851 also the further sum of one
hundred dollars from the said Carroll, the rent
up to April lst, 1855 also the further sum of one
hundred dollars rent due for the year ending LIST
april 1859, and paid by one Ormand Butler, the
tenant for that year, also the further sum of $3.50
dollars paid by the complainant to the said Dono-
ho some time in the month OF July 1858 and also
the further SUN OF $50 dollars paid by. the com
p.ainant to the Defendant Donohoe sometime in
the month of Nov. 1866. :;
That after the payment ofthe above named suIhs
OF money, without having entered into any set
Element of accounts between them, the complain
ant was nduccdby the false representations of the
said ,Denoho to execute to him the said DOnoho,
a mortgage upon the aforesaid premises for
the pae,nent of the sum of S799.97, and on tho
same day to wit tn, 7th day of February 1859,
the complainant executed to the said Dono-
no, his single bill for the said amount, and
delivered the said single bill, and the said mort
gage to the said Donoho. The bill further states
that tho said complainant at the time of the cxecu-
tion and delivery of the said.mortgage and single
bill, was not indebted unto the said 'Bonoho for
oil Itnr
count, except the said bonds, OF the date IF the
10th of August 1855, and which we're transferred
to and then held by the said Donoho, but that the
crcdisb before mentioned not taken into consid
GRAFTON account in the said mortgage last aforc-
said, in the said single bill. That since thu
ecution of the said mortgage the said Donoho,
hath until the present time been in the receipt of
the annual rents and profits and issues of the said
promises, and hath had the exclusive control over
the said premises. The Bill further states thai
there has not been any settlement between tho
complainant and the said Dnnoho since the trans
fer and delivery to him of the two bonds and the
mortgage first mentioned, that the complainant
has never received any credit at the hands of the
said Donoho for the rents received by him ont of
the said premises or the money paid to him as
aforesaid that the com pfauant has often request
ID the said ponoho 70 eatec into and come TO set
ssemcnt with him of ill matters coBcernng the
sid mortgage and hath asked permiss'ot OF the
lid Donoho to allow him to redeem the sal prop
-ty by entering into a settlement as aforesaid,
ld paying over any balance that may be due and
wing after dcducting the credits claimed as aforc-
lid, and a reasonable allowance for the use pos
sssiop and enjoyment of the premises since the
til day OF Feb. 1859, but that the said Donoho
ath refused so to do. And that the said premises
ire now and have for some years past been in the
possession of one John Eader who claims the said
premises under some pretended sale from the said
Donoho. The Bill further charges that upon o
fair settlement Of the money and credits which
ought to be entered against the said mortgage
nothing would be found to be due the said Donoho
and prays for settlement, and that if any thing
is found to be due the complainant is ready and
willing topay up the difference, and that the prop
elty may he dctrecA to be delivered up to him
upon paying whatever may be found to he due af.
ter an examination of all the facts and c1uitics of
his Bill. And that the said Donoho resides out of
the State of Maryland. 1t is thereupon adjudged
and ordered by the Clerk of said Court, this 18th
day of February, 1868, that the complainant by
causing copy of this order to be inserted in some
newspaper published in uagcrstown, once in each
successive week for one month before the 23d day
of March next give notice to the said absent de-
PENDANT of the object and substance of this bill and
warn him to appear in this Court in person or by
solicitor, on or before the 25th day Of June next,
to answer the premises and show cause if any he
has why decree ought not to be passed pray
cd.
True copy--Test
Feb. 40. ISAAC NESBITT, Clerk.