Maryland free press., 1863-02-27

Thomas Eagen VS.. John Donoho John Eader.
MO. l769-Equity. the Circuit Court for
IN Washington County fitting as n Court of
Equity.-The object OF this suit is to obtain de
cree for the redemption OF certain mortgagcd
premises situated in Sandy Hook, and now IN the
posse ,son of the said John Eader. The bill states
that on the tenth day of August 1855 the COM
plainant executed to one David Segle a mortgage
upon a certain Hotel in the village of Sandy Hook
to secure the payment of S773.33H, then due and
owing from the complainant to the said Scigel
upon two bonds exhibited with the Bill, and that
afterwards the said bonds were assigned by Seige
to one Fountain Beckham, who subsequently to
wit on or about the 26th of Sept. 1856, assigned
the said bonds to John Donoho, one of the dcen-
dants, and that by virtue of the said assignment
he the said DOnoho became entitled to the aiore
said mortgage. That after the assignment OF the
said Bonds the said Donoho received in discharge
thereof the following sums of money from the ten
ant in the occupation of the premises to wit from
Margaret Carol the OF $3.50, the rent due up
to April LIST, 1857, also the further sum of one
hundred dollars from the said Carroll, the rent
up to April lst 1858, also the further sum of one
hundred dollars rent due for the year ending LIST
April 1850, 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 ard also
the further sum OF $50 dollars paid by the COM
plainant to the Defendant Donohoe sometime in
the month OF Nov. 1855.
That after the payment ofthe above named sums
of money, without having entered into any set
was induced by the false representations of the
said Donoho to execute to him the said Donoho,
a mortgage upon the aforesaid premises for
the pay yment OF the sum of $T90.91, and on the
same day to wit the 9TH day of February 1853,
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 the said complainant at the time of the cxecu
tion and delivery of the said mortgage and single
BILL was not indebted unto the said Donoho Tor
any other matter or thing upon any other ac
count, except the said bonds, OF the date of the
10th of August 1855, and which were transferred
to and then held by the said Donoho but that the
creditsbeio mentioned were not taken into consd
Grafton account in the said mortgage last afore
said, in the said single bill. That since the
ecutiOn of the said mortgage the said DonOho,
hath until the present time been in the receipt of
the annual rents and profits, md issues of the said
premises, and hath had the exclusive control over
the said premises. The Bill further states that
there has not been any settlement between the
complainant and the said Donoho since the trans
fer and delivery to him of the two bonds. aud 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 out of
the said premises or the money paid to him as
aforesaid that the complainant has often rcq'iest
ID the said Donoho to enter into and come to set
dement, with him of all matters concerning the
aid mortgage and hath asked permission OF the
sid DonohU to allow him to redeem the said prop
srty by entering into Il settlement as aforesaid,
1u paying over any balance that may De que ana
wing after dcducting the credits claimed as afore-
lid, and reasonable allowance for the pos
sssion and enjoyment of the premises since the
tn day of Feb. 1859, but that the said Donoho
iath refused to do. And that the said premises
ire now and have for some years past been,in the
possession of one John Eadcr who claims the said
premises under some pretended sale from the said
Donoho. The Bill further charges that upon
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 a settlement, and that if anything
is found to be due the complainant is ready and
willing to pay up the difference, and that the prop
erty may be decreed to be delivered mp to him,
upon paying whatever may be found to be due at
ter examination of all the facts and equities of
his Bill. And that the said Donoho resides out of
the State of Maryland. 1t is thereupon adudgcd
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 lIagerstown, once in each
successive week for one month before the 23d day
of March next, give notice to the said absent de-
epaan 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 lie
has why decree ought net to be parsed as pray
ed. + -,
~. ~. Ti'iia r49tf IA virt,5t,IJE OrvrH.