Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-26

E aoEHFE Err TERN, Is65.-CIRCUIT
EzEkfEk DANIELS and NARY "a 4. DAVfs and
othersIhe object of this suit is to procure decree
certain real estate in Calvert county called
pIalnant ftwo pretended mortgages executed there
o. one dated the 18th of Sept. 1851 from Ezekiel
pnlels and others to s. Sutton Clayton, for ST 500
anu Wnlcn was afterwards. the 5th Of June, 1852
assigned by said Clayton to said Isaac Davis and
ReJoIGe Newton. of the State of Massachusetts; and
SAID Ezekiel Daniels and one Moses Hodge to Re-
Jo,ee Newton, t9r $4,000. and which was afterwards
NeSr VIC LIN OF December, 1862 ASSIGNED by Rejoice
ment by Clayton to said Isaac Davis.
II Ard also to decree aceran deed from said Ezekiel
Daniels to one Mary A. Davis Of adproperty dated
LIST day Of October. 1861. fraudulent and void.
Inc bill states that the complainant recovered
for said county, against said Ezekiel Daniels and one
Moses Hodge. on which executions were issued. and
levied on this property and by the Sheriff Of Calvert
said Sheriff and purchased by the complainant, and
that ii was conveyed to him under said purchase.
The said property originally purchased by said
Ezekiel Daniels and John NJ. Pitts from said Clay
ton and wife, on the lst September 1855 and that said
Pitts on the 2lst Of Sepismher 1887. conveyed his
I'D OF Septemher 1871 sold two-thirds Of said land
to certain John III: Daniels and Warren Gaslll of
MASSACHUSETTS,, and chat those three with their re
specVe WIVES on Sd Of September. 1857, united in
pretended mortgage Of said land to the said S Sut
IL Daniels an wife. % the 3sth Of August. lSs.
conveyed their interest in said land to SAID Ezekiel
Daniels and that on the LIST of September 1855 said
warren Gaskiil ana wife conveyed their interest in
the same to the said Moses Hodge, who with the said
Ezekiel Daniels, on the 18th Of September, 1888. ex
ccutcd pretended mortgage of same 10 the said lie
Joice Newton to secure him the Of $4,000. That
ON the 18th q june 1855, said Clayton assigned 10
70 the pretended mortgage to him of 18th Sentember
1881. That on the list of October. 1861 said N ose5
Hodge aud wife conveyed all their interest in said
land to said Ezekiel Dau;els, who on salue day, for
the consideration of 500, conveyed said land to said
Mary A. DAVIS together with all his personal pro
Herty and effects and that on the 18th dag of Deem
her, 1866 said Rejoice Newton assigned to s4id Isaac
Davis 81! his interest and claim to said property I'M
des the aforesaid pretended mort gage to him. we'll
te said asSiEnmen from said Clayton copies Of all
which conTeyances are filed with the bill.
The bill then AYERS that there was any valid
were fraud ana cloak to protect the property from
Daniels creditors or if there any consider
alton for same 1t was much less than stated, and has
been long Since paid and satisfied, and claims that of
bona tde between said parties, the same are both
void as against the complainant because not execu-
ted acknowledged and recorded agrccably to the laws
have the affidavit, as required by law and that
said pretended mortgages being void, every assign
ment thereof falls with them. The bill further
charges that said deed to Mary A. Davis was without
consideration and was intended to defraud tho COM
niahat and prevent hlm IN collecting his said debt,
the same including every species Of property owned
by said Daniels, and who still contrves to possess and
use all SalG property as before said deed execu-
ltd' claiming the same as his own, and therefore
SHOULD DE set aside by the Court and if not ABSOLUTE
~ void, the same should be treated as a mortgage
onIy and complainant allowed to redeem the same
alter applying the personal property embraced in said
deed toward payment of any debt really due herr and
the bill prays that ali said conveyances may be set
aside, and that complainant may hold said property
so purchased clear OF them and states that said de-
joice Newton and Isaac Davis reside of the State
of Maryland.
1t is thereupon adjudged and ordered that the COM
panenU by causing copy of this order to be insert
ed In some newspaper published in the city of Bali-
more once 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 appear in this Court in person,
or by solicitor, before the 18th day of August
next to answer the premises and show cause, if any
they have, why decree should not be passed as
prayed.
DENNIS 3. NJ. DIXON,
Clerk Of the Circuit Court for Calvert Co.
FRANK IL. STOcKETT, Compliments Solicitor.
true Copy Test,