Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1871-06-08
Is. from fro Wa. obss Johh.o., q Ros.,,

trust from VIM. Cbsk Jchtsof, "a Rohr,,
Ford and Geo. a. Morgan To secure n,x.
merit IL -Four sthcosand seven k,ud ri ,rS
twelve liars and twen,v-four cent.
(4.7I2.24y b said A'ien. the rtoner,v
,hsIsin "'en,iensd vas fqla to said p ri.r
eye as thea gent. Atsdrnry and Trustee
Of eertain Delphine p. Baker, wn Cor
nell and Juo. Johnson. By whom he va,
fully authorized 10 make said Contract,
and purchase and take the dseh ffom
aferesaid, Trustees. snl that ,his .aets in,
ihc premises were approved hv his said
principals. they hssing fnll uos;cc dsane:
that the 'ymenis ma lie BY said BirdSeve
for SAID rareta>s ~src. "a 1kAlors.-D.-
cember 2s,h, 1866, paid four thousand,
and sevenfy-cighs. dollars and Two GEMS
(S4.07s ()2) ia full Of mortgage to Ro.
bert Ford assigned 10 Peter r. Smith.
Dec. 18th. 1866. paid three thousani
Eve hundred and seventy dollars and &c
ty-five cenrs (S3. $40. 55l in full Of asore-
said deed Of trust to secure said Alen
and costs snd expenses % said two sales.
Janulry Goth. 1867. paid nineteen thou
sand dollars (sf9 000) % 7hos. John.
son, April 1st. 1861. seven theu~sn one
hundred dolla 8 ga. 100 paid to VIM. Fl.
Allen. Junc 1st, 1868. paid four thaus-
and and twenty dollars GA. 02O) March
10th. 1869, paid twenty thousand dollar.
ego. 000) in full tfty-four thousand ard
six'y-eight dollars ana fsix'y-c;ght cents
(S54, o6s 6sj leaving a balance ilse On
said purchase seventeen thousand three
hundred and cighty-nine dollars and
forty.six cents, lSl7,3so 46) isclua-
ing interest to March 10th, 1869,
With int rest from same date. That on
or about March .22ud, 1869, possession
Of aforesaid premises was given to said
Brd-eye, upon condition and with the
express understanding and agreement
that such delivery Of possession should
not affect or impair the lien Of said Hall
or his assigns for balance of purchase
money du; and unpaid on Aforesaid con-
tract, and tina: said balance as hereinbe-
fore stated is still due and unpaid.
The bill further states, that there are
prctcnsions of title to said property, set
mp by n certain VIM. Ii. Dunkinson and
Delphine Z. Baker. of Washington city,
ID. c., and certain VIM. Cornell, Jno
johnson and VIM. Bayari, of the State
| of New York, but that all of their claims
and professions are subsequent and sub
ject TO the rights, title and interest of The
Complainant as assignee as aforesaid Of
said Hall.
That said Birdseye has failed to pay
said balapce-al,hough demand therefor
has repeatedly been made--and that the
complainant claims asSssignee of afore-
said Hall. that he is entitled to the veu-
doris lien duo and unpaid as aforesaid.
That the aforesaid VIM. ii. Dunkinson
claims title to said property by virtue of
q deed OF trust Of June 24.h, 1889 aud
also by virtue Of contract with said
Birdseye. but that said deed of trust9s
fraudulent. void, and null-in this that
the recording Of said deed Of trus. was
eleven monthe subsequent to the execution
tn, reof-.he same bearing date June 24:h
1859 and the record thereof noe until
May "a h, 1s60-suhsoqucnt TO the death
of the grantor aud to the execution OF
deed Of trust to Robt Ford AID Go. c.
NJ re tn; that said Duakinson WAS the
attesting witness Of the latter named deed
| aud did not give notice of the existence
Of Il C .ormer-that the conditions OF said
deed Of trust have never been aft ;uatcd,
AMI that one Of the parties to said deed
CT trust to wit, the Capc Lookup. Pavilion
Company has never had an actual or le-
gal existence. That on Feb. 2nl, 1860
| final settlement OF all matters was made
between Aforesaid WIN. Cost johnson and
Vim. ii Dunkinson that said Dunkin-
son April 26.h, 1868 by separate dc ID
AMI by joint deed with VIM NJ. Ste wart
conveyel the aforesaid premises TO GER
tain Salmon b. Colby of Brooklyn, New
York-that said Dunkinson in said con-
vcyancc professed to act in his own right
and as agent and Trustee Of the Cape
Lookout Pavilion CJmpany-:hat both
said deeds were without consideration,
fraudulent and void and sholld be vaca-
tcd-and that the said Dunkiuson, Stew
art and Colby should bercquired upon their
oaths. to answer fully and particularly,
as TO the conditions and consideration of
said deed, herein referred to. r 2 T #EL
The bill further state, that said Hall
and wife on the Sth of September 1866
sold the said premises to certain VIM.
Bayard of New York city for the sum of
sixty seven thousand five hundred dollars
(S6I ,5Oo) that the Iced for said property
which by express agreement was not ITO
be delivered by said Hall until comp,i-
ance with-terms Of sale was surrepti,ious-
ly placed on the land record Of Saint MI
rvs county by said Bayard the same hav-
ing been loaned him by the said Hall for
the prcseRce Of making copies thereof,
/, that the said delivery was without con-
sideration paid to said Hall-and that
said Baysrd has never paid any part Of
the said stipulated price.
Aud the bill further states that said
Dunkinsou has recently fled his bill j.,
the Circuit Court for St. Mays county
in Equity against the Aforesaid Lucicn
Birdseye and has obtained decree for
the sale of the said Point Lo.,kou. Prop
erty" that BENZ G Harris and J. Par
ran Crane have been appointed as Trus-
tees to make said sale, and have adyer-
! tiscd same for sale on the 10Th inst
That BY reason OF the complications
arising from the numerous aud conflicting
claims to said property and the euibar-
rassmcns of title TO same--.hat a sale
thereof by said Trustees would tend still
farther TO becioud the title and be proauc.
tive of irreparable damage to couaplsiaal,s
and to other claimants; that che interest
OF all parties impera,ively requires