The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-04-29
.4klKeanZ Notices.

r 0UDOUN PARK CEMETERY COMPANY
IL Us. JOHN MCDOWELL, JR., ct AIN the
Circuit Court for Baltimore county--in equity
March 0, 1865.
The object of this suit is to procure the re-
duction of the amount of certain negotiable pa
per Of the complainant or any renewals thsre-
Of 81 negotiable notes substituted for the same,
Originally issued to.John Mcdowell, Jr., John
L.sGinnido, Benjamin H. Woolston, Aaron Il.
DaYy and James S. Primrose, or some Of them,
under resolution passed by the Board of Man
ayers of The complainant on the I'd day Of April,
1855, and to have a 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 H.. m, T., No. l3, Folio 3O2, &C., declared
void and delivered up to be cancelled.
The Bill states that said Mcdowell, Ginnido
and WOOlstOn were members of the Board of
Managerssof complainant, and that on the I'd
of April, 1855, esdlution was passed directing
thePresident and Secretary Of complainant to
obtain asloan of from $4,000 to $1,000; that soon
afterwards said Mcdowell 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 IL, 10 and IL
months, with interest at the rate of per cent
per month, for which interest the companys ne
gotiable paper at 6, o, IL, IL and "a months
should be given, and that the said Primrose,
uniting, with said Mcdowell and. others TO de-
fraud the com plaihant, sent at the request of
said Mcdowell the said negotiable paper to
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 a deed to said Nc Dowell, in trust for
himself and sBid above mentioned parties of a
large psrtof the com plainants Gene terry grounds
and that such deed was executed by the Presi-
dent and Directors wholly without authority;
4hat at the time said deed, which is absolute
on its face was sent to Philadelphia to said Nc
Dowel, an instrument Of defeasance stating that
the said deed was in fact intended as security
only for the monies SO advanced the complain
ant, was 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 defcasance, 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,ressF 4
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. 1865, 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 I'd the said absent defend
ants of the bect 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.
- JOHN II. LoNGNECKER, Clerk.