The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-05-06
LeAnL NearEa.

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/ r DUBIOUS rA1sK CEMETERY COMPANY
! i Us. JOHN MoD0WBLL, JRl, ct al---In the
Circuit Court for Baltimore county--in eQr,ttH~<
Aorch g., 1866.
The object of this suit is to procure .he re-
duction OF the amount OF certain negotiable pa
| perof the com plainant, or any renewals there
I Of or negotiable notes substituted for the same,
originally issued TO John Mcdowell, Jry John
| l.. Ginnido, Benjamin i. Woolston, Aaron II.
Davy and James S. Primrose, or some of them,
under resolution passed by the Board of Man
ayers of the corplainanton the I'd day Of April,
1855, and to have pretended deed of the COM
plainant to said Mcdowell, in trust for himself
and others, dated June 4th, 1855, and recorded
among the land records of Baltimore county, in
Liber III. M. F., No Is, Folio 3U2, &C., declared
void, and delivered up to be cancelled.
:. The Bill states that said Mcdowell, Ginnid0
and Woolston were members of the Board of
Managers Of complainant, and that on the I'd
of April, 1855, resolution was passed directing
the President and Secretary OF complainant to
obtain q loan OF from $1,000 to $1,000 that soon
afterwards said Nc Dowell wrote to the Secreta-
ry said Primrose, from Philadelphia, directing
him to raise the sum of $4,000 upon the negoti-
able paper of the complainant at H. 10 and IL
months with interest at the rate of Il per cent
per month, for which interest the companys ne
gotiable paper at 6, Q, II, 1S and "a months
should be given, and that the said Primrose,
fraud the complainant, sent at the request of
said Mcdowell the said negotiable paper to a
broker, - Mcdowell, in Philadelphia, and
the same was Immediately discounted or taken
by said Mcdowell, said Day, the partner OF
Mcdowell, said Ginnido, Woolston and Prim-
rose, but in what proportions the complainant
cannot state. The Bill alleges that the said
sale by the broker was colorado only and in
tended to cover the fraud of said Mcdowell and
others, officers of the complainant and those
aiding them.
The Bill further states that on the 4th day of
June, 1855, the said Mcdowell and others OBJ
tanned from the President and Secretary, said
Primrose, deed to said Mcdowell in trust for
himself and said above mentioned parties of
large part the plainants Cemetery grounds
and that such deed was executed by the Pres-
dent and Directors wholly without authority;
that at the time said deed, which is absolute
on its face, was sent to Philadelphia to said Nc
DOwell, an instrument of defeasance stating that
the said deed was in fact intended as security
only for the monies so advanced the complain
ant, sent with to be executed by said
Mcdowell and the others, but that the said Nc
Dowell retained the said deed, and he and said
other partners failed and declined to execute
the instrument of defeasance and the Bill in
sists that there never has been any valid un-
conditional delivery of said deed and that the
same is fraudulent and void as against COM
plainant. ~
The Bill also alleges that the said James A.
Wright, Thornton Pike, Clement A. Griscom and
Theodore Wright, partners trading as Peter
! Wright Sons, are assignees of some or all the
papers held by said Mcdowell, having received
the. same after it became due and in payment
of an existing debt, and that defendants reside
out of the State of Maryland. 1t is therefore,
this 18th day of April, 1885, adjudged and or
dered that complainant by causing copy of
this order to be inserted in some newspaper
published in Baltimore county, in each Of four
successive weeks previous to the 18th day of
May next give notice to the said absent defend
ants of the object and substance of this Bill and
warn them to be and appear in this Court in
person or by solicitor on or before the 18th day
of August next, to answer the premises and
show. cause, if any they have, why decree
ought not to pass as prayed.
JOHN II. LONGNECKER, Clerk.
True Copy-Test:
April l5.-4t.