Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-04-16

ton John Frnntz of JOS saac Frazee, Jere-
miah Guard David Kent, John l.. Hook, Eliz-
abeth Lowdermilk, and Eve Cuppett.
Tn Me Gseut Court for Allegany County, as a
.Court.f Equity, No. l435'
THE object of this suit is to procure
l. decree for the sale OF certain real estate
in Allegany County, Mary land, described i'll a
mortgage hereinafter mentioned, from George
A. Fearer to Ross 4 ohnson and others, and
to have receiver appointed and sale mai
of certain personal property mortgaged by said
George A. Fearer to Philip w. Harner 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 lar as they impair
The rights Of the compliments aud each OF
them.
The Bill states that the complainant Charles
X. Bruce obtained Judgment in the Circuit
Court for Allegauy County, on the hrst day
of January Term 1861, being the 18th day Of
the month, against the defendant George A.
Fearer for Sle9,79 with interest from date un-
til paid and costs S6,cs3, and that he issued
writ of teri fac,aS on SAID Judgment being No.
43 Judicinls to January Term 1868 OF said
| Court, and that said writ was levied on all
said real estate described III II mortgage from
| said George A. F,arer 10 Ross j. johnson,
! Elizabeth MYERS, John Franz OF Joseph, Isaac
| Fruzce, Jeremiah Guard, David Kent, John Il.
| Hook, Elizabeth Lowdermllk and Eve Cuppet
recorded in the Clerks Office of said County
| on the It'll day of January 1861, and on all
sail personal property described in mort gage
! from said George A. Fearer TO Philip W. Har-
ner, Sarah Ilarner, Susan Cohens, Elisha Frl-
| zee Thomas Liston, Eli McMillen, Samuel X
| FREY. George Riley and Bernard Riley, record
ed in said Clerks office on the 9Th day OF Feb
ruary, 1861, and In mortgage from said
Fearer TO all said last named pa rites except
Bernard Riley, recorded in said Clerk office
on the 3lst day of October 1862, said three
mortgages embracing all the real and personal
property OF said George A. Fearer.
| And that complainant Louis Schroeder also
obtained Judgment in said Court on the said
| 7tk day OF January 1861, against said George
| A. Fearcr and Ralph Thayer, for 81 24,0O with
interest until paid and costs st, Ssh, and issued
| a wri of fGri iacias theron, being No. IL Jul
| dicials to january Term 1868 ot snid Court,
aud that said writ was levied on all the said
| real and personal property embraced IN sald
| three mortgages, and certified copies OF SAID
judgments, wrts aud the SheriHs returns
thereto are filed with The bill.
The i'll charges that with design 10 pre-
| vent the making the money on said judgments,
said Fearer executed the sand mortgage to
| Ross 4 johnson. n firm composed OF Moses A.
| Ross aud Sullivan johnson, and doing husi-
ness ut Pcte;sburg, Pennsylvania, anl Eliza
| beth MYERS. Of Virginia, and john. frautz OF
| Joseph, Isaac frazc, jeremiah Guard, David
| Kent John L.. look, Il izti'eth Lowdermiik
and Eve CGppct oil AleGany County aforesaid,
| for all his real estate particularly described IN
said mortgage. and placed the sa me on record
| in the Clerks Office OF said Circuit Cunrt Tor
| Allegany County on the 9Th day OF January
| 1851 being the same day ON which said judy
! ments were Obtained and in order TO defeat The
| lien OF sid jndgmehts on said lands. Aud
! that said mortgage WAS fraudulent and VOID
against eacli OF the complainans, and Intended
4 to screen said read estate from the lien OF said
! judgments, which said Fe1uer aud all said
/ mortgages knew compainaHts wolld Obtain
on said 7ih day Of Janury 1851, and that said
! judgments are a prior lien on said lands 10
said mortgage, if il be valid at ALL and that IN
any eveut the said mortgage has no priority
over said judgments, which are as old,as liens
/ as it and entitled to be paid cut OF The FRO
c2eds equally " it'll it and that said lands cam
! notbe sold under sand exec uitons by The reason
! of The doubts said mort gage throws over the
title and on the quest on whelher the pnr cha
/ scr,under said executions wUaId be liable tor
! any or all OF said mortgage claims and That
| if the mortgage debts ever existed and the
| mortray re had any validity, that the same has
| been " holly or in great part paid since 1t was
executed. but cor,pIninan;s. are ignorant what
sum rcnnius due on it, and what has been
Maid and calls on said Fc,,rcr aud said mort
aapees for particular account or all payments
made thereon, aud IL certified copy OF said
mortgage is filed us an exhibit with the Bill
The ;,ll further charges tlata hout the time
when the complaiuauts couId, issue executions
on said Judgments, which they could "ot 90
before the first Thursday OF April Term 1851
OF said Court, the sand fenEer, 10 dcirauu com,
pluinants and defeat SAID Judgments co'no'
! with and executed n mortgage TO fhiiP W..
Ilarner, Sarah ilarner, and Susannan Cohehs'
OF Monougnhcia Comfy, virginia ana ihoh'"S
i.iston, o Somerset County, rehnsy'Vah'n, ana
Elisha Flnzee Eli McM"llen, George iaiey,
samuel X. Frey and BERNARD Riley, "i saio
Ahcgany County, tor n!lhIs personal properly
and put He sanie'on record in the Clerk Of
fee Of the Circuit Court Tor SAID N,lsgPhT
County on the sth 'dawot Feoi'uarN SOL, ana
| a certified copy CT saldnnforieage Is hied as an
exhibit with said Bit.
The Bill further charges, that SAID carer
has always remained in possession OF said per,
sonal property embraced III said mortgage anu