Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-05
LEGAL NOTICES.

N Ee2E9lBEEs TER7E. IsG5.-C QUIT
Eg COURT FOR CALNERT. COUNTY, in Equity,
E5hK AfTeh 1N5EP liz nv TAkRAGEE o vs.
ohcrs.The object of this suit is to procure a decree
releasing certain real estate in Calvert county called
ELTON HEAD MANOR as AGAINST the COM
9anant, of two pretended mortgages executed there
on one dated the 18th of Sept, 1857, from Ezekiel
Daniels and others to s. Sutton Clayton, for Sc 500
and which was afterwards, the 18th of June. 1859
assigned by said ayton TO said Isaac Davis and
Preioice Newton Of the State Of Massachusetts and
HE other dated on the 18th Of September, 1885, from
5ald Ezekiel Daniels and one Moses Hodge to Pro-
joice Newton for $4,000. AND which afterwards
On the 18th of December 1865, assigned by Prejoice
ment by Clayton to said Isaac Davis.
Aud also to decree certain deed from said Ezekiel
Daniels to enc Mary A. Davis, Of said property, dated
lst day Of October, 1861, fraudulent and void.
The bill states thai the complainant recovered
judgments at October Term. 1851 in the Circuit Court
for said county, against said Ezekiel Daniels, and one
Moses Hodge. on which executions were issued, and
tevied on this property, and by the Sheriff of Calvert
said Sheriff and purchased hy tho complainant, and
that it was conveyed to him under said purchase.
E5ehe papies an S M oRn P sa9 a aa
ION and wife, the LIST September 1856 and that said
Pitts on tho 2lst Of September 1857, conveyed his
I'd Of September 1851 sold twO-thirds of said land
10 certain John III. Daniels and Warren Gsskil Of
Massachus cts, and That those three with their re-
'pectiyc wives. on I'D Of September. 1857 united in
pretended mortgage of said land 10 the said S. SUIT
ton Clayton to secure him Sc 500 That the said John
conveyed their interest in said land to said Ezekiel
Daniois, and that the lst OF September, 1885, said
y arren GaSill and wife conveyed their interest in
he to the said Moses Hodge, who with the said
Ezekiel Daniels, the 18th of noptember, 1888 OK
ecated pretended mortgage of same TO the sad Pre-
j0iCa Newton to 81 IRE him the sum Of $4,000. That
IN the 10Th of June, 1858, said Clayton assigned to
said Prejoice Newton and isaac Davis all her claim
e the pretended mortgage TO him Of 18th Septomber
1881. That on the lst of October 1861. said Nj oses
Hodge md wife conveyed eli their interest in said
a laO1 m said
Mary A. Davis together with all his personal pro-
perry and effects and that on the 18th day of Deem
Ger, 1863 seid PrcjOice Newton assigned to sd Isaac
Davis all his interest and claim to said property I'M
der the aforesaid pretended mortgage to him, well
which conyeyances are filed with the bin.
The bill then AYERS that there never any valid
consideration for said mortgages, but that the
were fraud and cloak to protect the property from
DANIEL creditors, il there any consider
alton ior same II was much less than stated, and has
been long since paid and satisfied, and claims that of
bona lde between said parties, the same are both
VOID as against the complainant because not execu
ted, acknowledged and recorded agreeaby 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
charges that said deed to Mary A, Davis was without
consideration and was intended to defraud the COM
claimant and prevent MIN in collecting his said debt.
the same including every species of property owned
by SAID Daniels and who still contyes to possess and
use ali said property as before said deed was execu
ted, claiming the same Us his own, and therefore
should be set aside by the Court and if not absolute
" void, the same should be treated as q mortgage
only and complainant allowed to redeem the same
after Supplying the personal property embraced in said
deed toward payment of any debt really due her; and
the bill Irays that all said conVeyenees may be set
aside, and that complainant may hold said property
purchased clear OF them, and states that said Pre-
0ce Newton and Isaac Davis reside out OF the State
of Maryland
It is thereupon adjudged and ordered that thecom-
painant by causing copy of this order to be insert
ed IN some newspaper published in the city of Balti
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
or by solicitor, or before the 18th day of Angus:
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.
tRANk H. SToCKETT, Compliments Solicitor
True Copy Test,
ap5-laW4w DENNIS B. NJ. DIXON, Clerk.