Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-05-07

In tie Circuit Court for AlIcgany County, az {
Court Of EYuHy. No. l435.
/ ENIIE object of this suit Is to procure
1 Il decree for the sale of certain real estate
! in AIlegany County, Maryland, described IN {
! mortgage hereinafter mentioned, from George
| A. Fearer to Ross IL Johnson and others, and
| to have receiver appointed and sale mad
| Of ccrlain personal property mortgaged b. SAID
! George 4. Fcarcr to Philip ". llarncr and
| others BY two mortgages hereinafter mention,
ed. aud the proceeds Of said real and personal
| estate applied to the payment Of certain Judg-
mens aud executions Of the compliments, and
| said mortgages set aside rs far as they impair
| the rights Of the compainants and each OF
| them.
The Bill states that the complainant Charles
| X. Bruce obtained Judgment in the Circuit
| Court for AlIcgany County, on the first day
! Of January Term 1861, being the 18th day OF
| the month. against the defendant George A.
| Fearer for Sl097J with interest from date uu-
| I'll paid and costs Sc, CS5 aud that he issued a
| wri Of fcyj fict42 on SAID Judgment, being No.
/ 43 Judiculs to January Term 1863 Of said
/ Court, aud thut said writ was levied on all
I said r"d! estate described in mortgage from
/ said George A. Fcarer 10 Ross j. Johnson,
/ Elizabeth Myers, John lsantZ Of Joseph, Isaac
] /
! Hook, Elizabeth Lowdcrmilk and Eve CUppet,
recorded in the Clerks Office of said County
| on the 18th day Of January l5Gl, and on all
| sail personal property described in n mortgage
! from said George 4. Fcarer 10 Philip W. liar-
ner, Sarah Harner, Susan Cohens, Elisha Frl-
zec Thomas Iiston, Eli McMillen, Samuel X.
! Frey, George Riley and Bernard Riley, record
ed in said Clerks Office on the 9Th day Of Feb
ruary, lsGl and in mortgage from said
] To nj g1id iact named - riipg
BERNARD Riley, recorded in said Clerks office
| on the 3 st day OF October 1862, said three
mortgages embracing all the real and personal
property OF said George A. Fcurer.
And that complainant Louis Schoolcr also
obtained Judgment in said Court on the said
| 18th day OF January 1861, against said George
| a. Fearer aud Ralph Thayer, for Sl24OJ with
| interest until pali and costs SG,55j and issued
q writ OF feri fIctas theron, being No. 2 Ju-
dcias TO January Term sG3 OF said Court
and that said writ was levied on all the said
real aud personal property. embraced in said
three mortgages, and certified copies Of said
judgments, writs and the Shcgi" s returns
thereto are filed with the bill.
The i'll charges that with design to pre-
vent the making the money on said judgments,
| said Fcarcr executed the sald mortgage TO
| Ross Il Johnson, n firm composed Of Moses a.
! Ross and Sullivan Johnson, and doing Dusi-
| ness at Petersburg, Pennsylvania, and Eliza
| beth Myers. Of Virginia, and John Frauh Of
| joseph Isaac Frazc, Jeremiah Guard, David
| Kent John l.. Hook, Elizabeth Lowdermilk
and Eve Cuppet Of A!legany County Aforesaid,
70. all his real estate particularly described in
said mortgage. and placed the same on record
in the Clerks Office Of said Circuit Court for
a lcgany County on the 18th day Of January
l4Gl, being the same day on which said judg-
rucnts were obtained and in order TO defeat the
linn a said iudpmputs on said lands. And
that said mortgage was fraudulent and VOID
against each 0 the complainant, and intended
10 screen IN id real estate from the lien Of said
judgments, which said Fcarer and all said
mortgages knew compliments would obtain
on said 18th day Of JGnnary l3Gl, and that said
Judgments are prior lien on said lands to
said mortgage, if it he valid at all, and that IN
ans event the said mortgage has no priority
over said judgments which are az old as liens
| as il and entitled to be paid out Of the pro-
ceeds 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 quest. ION whether the purcha-
| Ser under said executions would be fable for
| any or all OF said mortgage claims and that
| If the mortgage debts ever existed and the
mortgage had any validity, that the same has
bccu wholly or in great part paid since it was
| executed, but complananta are ignorant what
| sum remains due on ii, and what has been
| PAID, ami calls on said Fearer and said mort
| gagces Tor particular account OF all payments
| made thereon. and certified copy Of said
! mortgage il filed as an exhibit with the Bill.
| The Bill further charges that ABOUT the time
| when the counp.aiuauts could issue executions
| on said judgments, which they could not do
! before the first Thursday Of April Term 1861
! Of said Court. the said Fcarer, TO defraul COM
| plainan's and defeat SAID Judgments, combined
| With aad egecl'cd q mortgage to Philip w.
| Harner Sarah Harucr, and Susannah cOheus,
! Of NOuOHgaAcla County Virginia, and Thomas
! l.iston Of Somerset County, Pennsylvania, and
! Elisha Irazec, Iii McMuIlen, George Riley,
/ Samuel K Frey and Bernard Riley, Of said
! Al!cgany County for all his personal property
1 and put the same on record in tie Clerks n'.
/ fee Of the Circuit Court for said Alleguny
( County on the sth day Of February 1851, and
/ Il certified copy Of said mortgage Is fled as an
! exhibit with said B!ll.
| The BIZ further charges, that said TeareE
/ has always remained in possession Of said per-
y soual prOperi : embraced in said mortgage and
I used il a. his own, aLd wasted, sold and dis.
] pysed Of q part Of II, with the know ledge and
/ appreciation OF each OF said mortgages, and
/ that It WAC intended merely 10 screen and
p. protect said personal property from execution
J on said judgments and was never 2 hmm nh
security for any. real dcDts, and has no valid
! i'y against said judgments and executions
and that-if any debts pretended to be secured
thereby ever eLis'e the same are paid by TIC
. waste, consumption and disposition Of part Of
sad UgDleItY bv said Fcartr with The kuOWl,
edge AMI appreciation Of said mortgages, and
By payments madet5 all and each Of them.
The Bill further charges that said FeareE
combining AMI contf."iEg further to defraud
. cCmpla.uaL's aDI each d them, on the 3lsi
dag Q: October 1852, when the stay law wal
H.Fv. 4 In