Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-04-02

.8 aHd ealiiea 10 be paid OUT OF ue pro-
ceeus equally with it; and that said lands cam
not be 50 d under said executions by the reason
OF the doubts said mortgage throws over the
tile and on the question whether the purcha-
ser under said executions would he liable tor
any or all OF said mortgage claims and that
if the mortgage debls ever existed and the
mortgage had any validity, thatthe same has
been wholly or in great part paid since it was
executed, but compainants are ignorant what
sum remains due-on 1t, and what has been
paid, and calls on said Fearer and said mort
gagees Tor u particular account OF all payments
made thereon, and IL certified copy OF said
mortgage is filed as an exhibit with the Bill.
The Bill further charges that bout the time
when the compartments could issue executions
on said Judgments, which they could not do
before the first Thursday of April Term 1861
OF sa id Court. the said Fearer, to defraud COM
plainan 8! and defeat said judgments, combined
with and executed II mortgage to Philip w.
Harner, Sarah Harner and SuSannah Coheus,
OF Monongahela County, Virginia, and Thomas
Lslon, OF Somerset County, Pennsylvania, and
Elisha razee, Eli McAlulen, George Riley,
Samuel X. Frey and Bernard Riley, Of said
AlIcgauy County, for all his personal property
and put the same on record in tue Clerks nj
flee OF the Circuit Court Tor said Alcgany
County on the Sth day OF February 1861, and
exhibit with said Bll.
The Bill further charges, that said Fearcr
has always remained in possession OF said per-
soual property embraced i'll said mortgage and
used il as his own, AID wasted, sold and dis
posed OF IL part OF il, with the knowledge and
appreciation of each OF said mort sagees, and
that il was intended merely TO screel and
protect said personal property FROM execution
on said judgments, and was never bona fde
a LID
ity against said judgments and executions ;
and that il any debts pretended to b. 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 mottgagees, and
by pay ments made 10 all and each OF them.
The Bill further charges that said Fearer,
combining and contriving further TO defraud
tsfpNisls-. y -t.!D -nN4 ~ t2iSs., 81 w. Sis y
dAY 81 October fseei whes she's's law was
sloAt 10 expire .apa s&scei,ea-- oul3saco- tst
7 NuTt asScr So, Zee iEiied On d.eh Of the said
/ judgments, executed ana pl1ceo on the records
OF said County another mortgage to the same
parties as The last mentioned mortgage was
made 10, except Bernard Riley, Tor al the per
sonal property he has G-.1ulrsd since the uate
| OF the said mortgage recorded on the 9Th day
OF February 1861, and that sid last recorded
| mortgage, II certified copy OF which is filed as
an Exhibit with said Bill is void and not bona
| fde, aud that The debts nam u in 1t are hcti'
tlGus and The same as named in the hrst mort
gage to the same parties except BERNARD Riley
though different in amour q and that said
Fearer has ever since remained in 3possession
of, used and enjoyed ~ his own the said per-
sonal property embraced in both said mort
cages, and is -eqsc hrs bern ws~riug and dis
POSING OF the same with the knowledge aud
consent of The pretend d mortgages, and that
both said mortgage embrace all the personal
property Of said Fearer,- and were made to
cover up The same tor the benefit OF said
Fearer. - ....... -. &c.,. 90 .
The Bill further charges that both Sid exc.
cutions have been levied on ali the personal
property embraced in both said mortgages, and
that the same cannot be sold or taken posses
sion OF blythe Sheriff to satisfy said Judgments
by reason Of the inlerposition OF said mortga-
ges By said mortgages and that said person.
al properly Is IN danger of loss, waste and de-
strucuon in the hands OF sal d George A. Fear
err, and that complainants havea right to have
Receiver appointed to take possession OF and
sell the sane aud have the proceeds app ID to
their respective claims, and the said mortgage
annulled and sci aside so fur as the application
OF said proceeds 10 satisfy compliments claims
may require. u ga s''s--' atti 80 autH'' @1'
The Bill further charges that no thing is due
or said pretended NOR gage claims, and that
if such claims have any existelce or val dity
against compliments. the said personal prop.
erty is moro than sufficient to pay thu same
and eemplaiuants are entitled In any event to