Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-17

nECEMBER TERM. IS65.-CIRCUII
1 March s fo GAkkAB b Equity 4y
| EZEKIEL DANIELS and MARY A. DAVIS and
others-The object of this suit is to decree
"ELTON HEAD MANOR" as against the COM
painant of two pretended mortgages executed there
on. one dated the 18th of Sept, 1851, from Ezekiel
and which was afterwards the 18th of June, 1852
assigned by said Clayton to said Isaac Davis and
Rejoice Newton. of the State Of Massachusetts; and
the other dated on the 18th of September 1858. from
said Ezekiel Daniels and one Moses Hodge to Re-
on the 18th of December 1865, assigned by Rejoice
Newton, also his interest under the former assign
ment by Clayton to said Isaac Davis.
And also to decree certain deed from said Ezekiel
Daniels to Mary A. Davis, of said property, dated
1st day Of October. 1861. fraudulent and void.
The bill states that the complainant recovered
judgments at October Term 1861 in the Circuit Court
for said county, against said Ezekiel Daniels and
Moses Hodge on which executions were issued. and
county, the 9th of May. 1866 the same was sold by
said Sheriff and purchased by the complainant and
that 1t was conveyed to him under said purchase
The said property was originally purchased by said
Ezekiel Daniels and one John NJ Pitts from said Clay
ton and wife, the ls September 1856 and that said
interest IN same to said Daniels. who on the
I'd OF september, 1857 sold tWo-thirds of said land
to certain John NJ. Daniels and Warren GaskiiI, of
MASSACHUSETTS,, and that those three with their re-
spectIve wives on 28d Of September, 1857, united in
ton Clayton to secure him $780, That the said John
NJ. Daniels and WIFE on the 9th of August. 1858,
Ezekiel
Daniels. and that the LIST of September 1855 said
warren Gaskl and wife conveyed tn cir interest in
Ezekiel Daniels. the 18th Of September 1855 ex-
ecuted pretended mortgage of same to the said Re-
Joice Newton to secure him the sum of $4,000 That
on the 18th of June, 1855 said Clayton assigned to
said Rejoice Newton and Isaac Davis all her claim
to the pretended MORTGAGE to him of 18th September
1857; That on the LIST of October 1861, said Moses
Hodge and wife conveyed all their interest in said
land to said Ezekiel Daniels, who on same day, for
the consideration of $780, conveyed said land to said
A. together with oil
pery and effects; and that the 18th day of Decem
6er 1862 said Rejoice Newton assigned to said Isaac
Davis all his interest and claim to said property I'M
der the aforesaid pretended mortgage to him as well
the said assignment from said Clayton copies of all
which conveyances are filed with the bill
The bill then that there never was any valid
consideration for said mortgages but that the same
were fraud and cloak to protect the property from
banners creditors or II there ever any consider
alton for same it was much less than stated and has
been long since paid and satisfied and claims that of
bona hide between said parties, the same are both
VOID as against the complainant because not execu-
ted and recorded agreeably to thelaWs
OF this State and especially because neither of them
have the affidavit, as required BY law. and that
SAID pretended mortgages being void, every assign
ment thereof =, falls with them; The bill further
consideration and was intended to defraud the COM
planant and prevent him in collecting his said debt
by said Daniels, and who still contrives to possess and
use all said property before said deed was execu
tea. claiming the same as his own, and therefore
should be set aside by the Court and if not absolute
ly void, the same should be treated as a mortgage
only, and complainant allowed to redeem the same
after applying the personal property embraced said
deed toward payment of any debt really due her and
the bill prays that all said conveyances may be set
aside, and that complainant may hold said property
SO purchased clear of them and states that said Re-
joce Newton and Isaac Davis reside out of the State
of Maryland
1t is thereupon adjudged and ordered that the COM
plalnant by causing copy of this order to be insert
ed in newspaper published in the city of Bati-
more. once a week for four successive weeks before
the 10th day of May next. give notice to the said alb
sent defendants of the object and substance of this
bill, and warn them to appearin this Court in person.
by solicitor. on before the 18th day Of August
next, to the premises and show cause, if any
they have, why a decree should not beapassed as
prayed.
: ..-..,.l IT,, .... DENNIS B, M. DIXON,
Clerk of thu Circuit Court for Calvert Co.
FRANK Ii. STooKETr, Complainant's Solicitor.
True Copy Test
ap5-law4w DENNIS B, N. DIXON, Clerk,