Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-04-09

| ion John Fraptz of JOS. Isaac Frazee, Jere
Min Guard, David Kent, John l.. HOOK, Eiiz
abeth Lowdermilk, and Eve Cuppett.
In the C,cut Court for Allegany County, as a
Court Of Equity. No. l43o.
TINE object of this suit is to procure
l. decree for the sale of certain real estate
in Alegany County, Mary land, described in
mortgage hereinafter mentioned, from Georg'
A. Fearer to Ross 4 Johnson and Others, ant
to have receiver appointed and a sale mai
of certain personal property mortgaged ~ sait
| George A. Fearer to Philip W. Elarner anC
others by two mortgages hereinafter mention
ed, aud the proceeds Of said real and persona
estate applied to the payment OF certain Juds
ments and executions of the compliments, anc
said mortgages set aside as far rs they impair
the rights Of the conplainantS ana eaeh
them.
The Bill states that the complainant Charlie:
X. Bruce obtained judgment in the Clrcui
Court for Allegany County, on the hrst Gay
of January Term 1861, being the TN day O
the month, against the defendant George
Fearer for SlO9,79 with interest from date IN
til paid and costs $G,csl, and that he issued
writ of feri fdcids on SAID Judgment, being NO
43 Judicals to January Term 1868 OF said
! Court aud that said writ was levied on AZ
/ sai,i lc.! estate dvSCliUcl in II mortgage IRON
said George A. Fcarer 10 Ross j. johnson
Elizabeth MYERS, John Frantz OF Joseph, Isaac
i Frazee jeremiah Qua; d, David Kent John Ia.
| Hook, Elizabeth Lowdermik and Eve Cuppet
| recorded in the Clerks office Of said County
| on the 9Th day of January 1861. and on all
sail personal property described in mortgage
from said George a. Fearer.to Philip W. llar-
ner, Sarah flarner, Susan Cohens, Elisha Fra
zee, Thomas Lislon Eli McMllcn, Samuel X
| Frey, George Riley and Bernard Riley, record
| ed in said Clerks Office on tho Sih 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 zealand personal
property OF said George A. Feurer.
And that complainant Louis Schooler also
obtained Judgment in said Court on the said
ILL., day OF January 1861, against said George
A. Fearer and Ralph Thayer, for Sl24,00 with
interest until paid aud costs Sc, ssh and issued
a writ of fcri ,facias theron, being No. u Ju-
"details to January Term 1863 ct said Court,
aud that said writ was levied on all the said
real and personal property. embraced in said
three mortgages, and certified copies of said
judgments, wriis aud the Sherilfs returns
thereto are Gled With the Jill.
The i'll charges that with design to pre-
vent the making the money on said judgments,
said tearer eEecu'ed Inc s'tid mortgage 10
Ross Johnson, It hrm composed OF Moses a
Ross ana sullivan 1"hhsoi anu uo'is ,us'-
ness at Peteisonre, pennsylvania, am biizt-
beth Myers, OF Virginia, ana John Franz OF
Joseph, Isaac frazc, Jcrthtth baaru, Davld
heh', Johh H. Hoohi i'''H''''e'" Lo" ue'n IA
and Eve Cuppet OF A legnny County aforesaid
fot all his 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 lhe 'lh Jay OF january
1851, being The same day on when SAD jung
menis were obtained ana IN ordcr 10 defeat Tue
lien OF sad Judgments on sa'a iahdS. ANU
that said mortgage was fraudulent ana voiu
against each OF the comp'llnah's, ana Intended
TO screen SAID real estate from the iiei' OF saiu
judgments, whicn said fearer ana All saiu
mortgages knew compartments woaid oo'aln
on said 9TH day OF Jnnn'ry 1851, aud That SAID
Judgments are PRIOR lien on SAID lands 10
said mortgage, II II be valid al all, ana that IN
any event the SAID mortgage has no priority
over said Judgments when are as Ola us liens
as 1t and entitled 10 oe pa,u OUT OF 'ie pro-
ceeds equally with 1t; aud That SAID 'snds car
not be sod under said executions os Tie reas""
of the doubts sald mortgage throws over Tue
title and on the quest on "heiner 'he Purc',"-
scr under SAID executions "ould "e '"oie 'ot
any or all OF SAID mortgage Claims anu lhat
- ''>
mortgage had any '"''"''!' 'u'' '''e s"'ue ''''s
been Wholly OF III gfcl' l'"il paul 'lhee !. was
executed, bul co'hplaina"'s gre iShotaht Wl"'
sum remains que on IT, anu "nat nas oeen
paid, and calls on sa'u fearel ana sh'u mort
gageeS ior particular ACCOUNT o' All pay lien -
made thereon. an" cel'i,eu eoP. VI n.s s"ia
mortgage Is h'cd lis an eSn.olt WIN .'e p'ii'
The biii 'af'her cnarses ,,,i. a YOU. lne t''''e
when the coinpiaihah'S co"iu Issue executions
On SUI ~ f., Ti,nr.d,y of Anril Trrm IsGI
80, ru,,, ,hns.id r.,rer T., d,fr,,ud com
y, s"'u Sou !, .,,s,.,, sa,1 ;ndymenIs cnmhio.J
pi :,,, an5 "xscn,cd nor,yage TO Phil, "
49, NJ 81 u,r,nr and SHs,nr,h (,ohans
Ia ~ NJ -, Ion,,iv V;r,;ri, md Tbomas
VI 49,; no' ~ Snna.se, rn1p,y peuusylv,nin and
r,:',' aa"o Fi, NrU,II., Groryo K,i.v
i ., I, 10, AMI r,.r,.,rd RiI..D of soid
o .m,nanr Couniv for all his uersonui pro,er,y
,a 7''', Tho same nm record in the Clerks oi
n"u 70, ,,.a C;rnn;, Cnur, ,nr said AIeo.ny
n.o y, ~. nho OH dnv ~, Eehrnarv JsGI and
"oa an,;sa W cnrv NJ said mortrnoe il fled rs An
Ill, III p9id raj,
M III, ,mr,b,.r CHARGES. that soi,i Fearer
IN ronaired in ,o.session nj said per
onnoi ,,r,,,., ~ embraced in said mortgage and
nsoJ II as bisnwn. NJ wasted. sold and dis
,oe,a or n rort ot II. with the knowledge aud
ri,,',,.,t,a,;on of e,rh at said mort..oees and
,IrIf, :, nos ;n,.ndea merely IN scr.e,' and
''ro,oc, o.;J ,ersonal urouerty from execution
fi''.. - - - - 81