Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-04-23

| abeth LOWdermUk, ana eve CupPet'.
In the Circuit Court for ANegany County, as a
Court Of Equity No, 1885.
THE object of this suit is to procure
| l. a decree for the sale OF certain real estate
| in Alegany County, Mary land, described in Il
! mortgage hereinafter mentioned, from George
! A. Fearer to Ross h Johnson aud others, and
! to have receiver appointed and sale mai
! of certain personal property mortgaged b. SAID
| George A. Fearer to Philip W. Ilnrner and
! others by two mortgages hereinafter mention.
| ed and the proceeds Of said real and personal
estate applied to the payment OF certain Judg--
ments and executions of the compliments, and
| said mortgages set aside as far Ms they impair
| the rights Of the compliments and each OF
| 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 It'll day OF
| the month, against the defendant George a.
Fcarer for Sl09, 10 with. interest from date mn
| til paid aud costs SG,cSs, and that he issued II
writ OF fCri G!c1ds on SAID judgment, being No.
! As JullcaIS 10 January Term 1908 OF said
| Court, and that said writ was levied on all
| said real estate described in a mortgage from
| said George A. Fcarer 10 Ross j. johnson,
| Elizabeth Myers, John Frantz OF Joseph, Isaac
| Frazee, Jeremiah Gual d, David Kent, John Il.
! Hook, Elizabeth Lowdermilk and Eve Cuppet,
| recorded in the Clerks office of said County
ON The 18th day of January 1861. and on all
! sal personal property described in mortgage
| from said George A. Fearer TO Philip w. HAIR
ner, Sarah llarner, Susan Cohens, Elisha Frt-
zee, Thomas Listou, Eli McMillen, Samuel X.
Frey, George Riley and Bernard Riley, record
ed in said Clerks Office on tho 9Th day of Feb
ruary, 1861, and in II mortgage from SAID
Fearer to all said last named pa rites except
Bernard Riley, recorded in said Clerks office
on the 3lst duy 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 Thaycr, for Sl2400 with
interest until paid and costs S6,5S5, and issued
a writ OF teri ./aciGS theron, being No. IL Ju-
diclals to January Term 1863 oi said Court,
and that said writ was levied on all the said
real and personal property embraced in sad
three mortgages and certified copies of said
Judgments wrtS aud the Sheritls returns
thereto are filed with The hill.
The ill charges that with design to pre-
vent the making tile money on said judgments,
said Fcarcr executed the SAID mortgage to
Ross " johnson, n firm composed of Moses A.
Ross and Sullivan Johnson, and doing bust
ness at Petersburg, Pennsylvania, and EIIzi-
beth Myers, OF Virginia, and John Franlz OF
Joseph, Isaac Frnze jeremiah Guard, David
Kent, John l.. Hook, Elizabeth Lowdermilk
and Eve Cuppct OF Allegany County aforesaid,
for all his real estate particularly described in
said mortgage. and placed the same on record
In the Clerks Office of said Circuit Court for
Alegnny County on the TN day OF January
1861 being the same day on which said judy
ments were obtained and in order to defeat lhe
lien of said judgments on said lands. Ana
that sal mortgage WAS fraudulent ana voln
against each OF the complaiuanS, and intended
to screen said real estate from the lien of said
judgments, which said Fearer and all said
mortgages knew cOmpainaItS would obtain
on said 18th day Of January 1861, and that SAID
judgments are Il prior lien on said lands 10
said mortgage if il be valid at all, and that IN
| any event the said mortgage has no priority
| over said judgments, which las old rs liens
| rs il and entitled to be paid out OF the pro-
ceeds equally with it and that said lands cam
! not be sold under said executions oY the reason
| of the doubts said mortgage throws over the
title and on the question whether the purchn-
ser under said executions would lie liable for
any or all OF said mortgage claims and that
if the mortgage debts ever existed and the
mortgage had amy validity, that the same has
been " holly or in great part PAID since 1t was
executed, but compliments are ignorant wnal
/ l.x...
sum remains que on ~ anu mu | u"' "e.
PAD, ana cans on 'a'u ie''.e' Wv S"'' NV.
gagecs Tor particular "ccoun'e "' t's ,"e"'I
made lher'on, anu ttrt'ueu tup! " p;I H"''
mortgage Is h'rd us an cA.'G'' M,,u ."G D'';
Inc Diil iurthei cnn's VA! 'ou' ''e :''.'s
when the compiai''ah's eo"iu Issue eN.'"',oss
Hn S"a' = ~ a,;i Tarn, 1sGI
/ CIV. 'nU MS. tnu;su E y. Hr ,.ona ao,n
OF said Courl, ,he sa,u Ieh'.i, W
plainah's ana ue'e,,' s"'u J.us n''' ph;i;,, W.
Win anu eAecu'eu 'noi sS"se r,tons
| Harhcr, oarah h',' "c'' NM 'i 1tn,,,.
OF Monongahe'a lou"'! H'ni', "t.a n"5
Ls'oh, OF oohef5sr e'' rcnr,.n P;Iny
! Elisha faZee' Il" wv nu''e", 80 ~ w
Samuel n; Frey ana nerii'fu h'ey vi saw
Allegany Couh'l lor al MS Pe'S ,r ~
ana put Tue sane On ieoo'u IN a;S At,oa,ny
flee OF the Circuit oout' ,ot a",u ,n.,
County on Tue SUI u.1 ., rvu' u'i, aI"1 n
a certifed copy CT s"iu 'nof guy 10 ii''u 90 "'
exhibit win silu DIN. .,,,,
Inc BIZ iur'ne' tn"'ses, 'n". s,s,u =, 80 ~
has always reniaiheu III Possess,oh y, s"iu Pa a
! sohal propei' " ehoi"ceu III e",u ny, 's"s
used IL as MS own, a'u 's,eui so'u "''' We
posed oil part OF ~, WIN !,'e hnoM'euse a" ~
approbaiioho OF each OF sara hof'eaSeee, "nI
| that 1t was intehueu merry 10 scfeen n''u
protect said personal properly rom eNecull !. !,
! on said judgments, ana was never II 0oH" n',e