Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-05-14

miah Guard, David Kent, John l.. II oek, Eliz
abeth Lowdermilk, and Eve Cuppctt.
In tie Ci,cuit Court for ANegany County, as
Court Of k1Uig. No. 1885.
TlIE object of this suit is to procure
/ II decree for the sale of certain real esat
| in Allegany County, Mary land, described in
mortgage hereinafter mentioned, from Georg
A. Fearcr to Ross Johnson and others, ant
to have receiver appointed and sale NAL
ofcertan personal property mortgaiged by SAT-
George A. Fearer 10 Philip W. uarner ant
others by two mortgages hereinafter mention
ed aud the proceeds of said real and persona
estate applied to the payment of certain judg
meuts and executions OF the compliments, anC
said mortgages set aside rs far rs they impair
the rights Of the complainants and each oil
them.
The Bill states that the complainant Charles
X. Bruce obtained Judgment in the Circuit
Court for Allegany County, on the first day
of January Term 1861, being the 9TH day oil
the month, against the defendant George A
Fearer for Sl09,79 with interest from date un-
til paid and costs $6,GS5, and that he issued a
writ OF teri tactaS on sand Judgment, being No.
43 Judicials to January Term 1863 of said
Court, and that said writ was levied on all
said real estate described in a mortgage from
said George A, Fearer to Ross j. Johnson
Elizabeth Myers, John Frautz Of Joseph, Isaac
Frazee, Jeremiah Quad, David Kent John l..
Hook, Elizabeth Lowdermilk and Eve Cuppet,
recorded ia the Clerks Office of said County
on the 18th day of January 1861, and on all
sail personal property described in n mortgage
from said George A. Fearer to Philip w. Har-
ner, Sarah Harner, Susan Cohens, Elisha Fra
zee, Thomas Lston, Eli McAIillen, Samuel X.
Frey, George Riley and Bernard Riley, record
ed in said Clerks office on the Sth day OF Feb
ruary, 1861, and in a mortgage from said
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.
And that complainant Louis Schooler also
obtained judgment in said Court on the said
18th day OF January 1861, against said George
A. Fearer and Ralph Thayer, for Sl24,00 with
interest until paid and costs &c. s3, and issued
Il writ of Hcri .ttlciaS theron, being No. 2 Jul
dicials to January Term 1868 OF said Court,
and that said writ was levied OH all the said
real and personal property. embraced i'll said
three mortgages, and certified copies OF said
judgments, writs and the Sherif'S returns
thereto are filed with the bill.
The Bill charges that with design TO pre-
vent the making the money on said judgments,
said Fearer executed the sand mortgage to
Ross Johnson, 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 Ailegany County aforesaid,
for all his real estate particularly described in
said mortgage and placed the sa me Oh record
in the Clerks office Of said Circuit Court tor
Allegany County on the 18th day of January
1861, being the same day on which said judy
ments were obtained and in order to defeat the
lien of said judgments on said lands. And
that said mortgage was fraudulent and vo1d
against each of the complainants, and intended
to screen said real estate from the lien of said
judgments, which said Fearer and all said
knew compainants would obtain
on said 18th day of January SCI, and that said
judgments are prior lien on said lands to
said mortgage, if it be valid at all, and that in
any event the said mortgage has no priority
over said judgments, which are as old as liens
as it and entitled to be paid out of the pro-
cceds 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 purcha-
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 sinceit was
executed, complainants are Ignorant what
sum remains due on it, and what has been
paid, and calls on said Fearor and said mort
gagees for particular account of all payments
made thereon, and q certified copy of said
mortgage is filed as an exhibit with the Bill.
The Bill further charges that u bout the time
when the complainants could issue executions
on said judgments, which they could not do
before the first Thursday of April Term 1861
of So id Court, the said Fearer, to defraud COM
plainants and defeat SAID judgments, combined
with and executed mortgage to Philip w.
Harncr, Sarah Harner, and Susanuah Cohens,
of Monongahela County, Virginia, and Thomas
Liston, of Somerset County, Pennsylvania, and
Elisha Frilzee, Eli McNulen, 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 Clerks OF
flee of the Circuit Court for said Aegany
County on the Sth 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 own, and wasted, sold and dis
posed Of n part OF it, with the knowledge aud
appreciation of each of said mortgages and
tudl IL WIS W oIiecH anu
protect said personal property from execution
on said judgments, and was never Il bonn fde
security for any real debts, and has no valid
ity against said judgments and executions
and that if any debts pretended 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-
edge and appreciation OF said mortgages, and
by payments made 10 all and each OF them.
The Bill further charges that said Fearer,
combining and contriving further to defraud
and each of them, on the 3lst
day of October 1862, when the stay law was
sboat 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 Il certified copy of which is filed as
in Exhibit with said Bill is void and not bona
fde aud that the debts named in ii are iicti-
tious and the same as named in the first mort
gage to the same parties except Bernard Riley
thong different in amounts, and that said
Fearcr has ever since remained in possession
Of used and enjoyed az his own the said per-
sonal property embraced in both said mort
cages, and is and has been wasting and dis
posing OF the same with the knowledge and
consent of the pretended mortgages, and that
al