Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1871-06-08

of Sc. Msryseaunsy,
Delpliine r. aBaker,
Wfllism Cornell,
Jao. Johnson.
VIM III. Dunkinsou,
VIM. NJ Stewart, - a-
William Bayard.
Salmon b. Colby. 4
Lacien Birdseyc, y ara 4s.
Non-resideuts. 7s i-+z- .f.~
"HE object of this bill il to obtain a
II decree for the sale OF real estate
in Saint Mary's corn,y, and n enjcin the
Trustees 10 the case of VIM, II. Dunkin-
son against Lueien Birdseyc. s5-.~ 9
The bill states that the Complainant is
the assignee Of all the title and interest of
one of The Desendanis, Ell. G.. W. Hall,
in and to the real estate in said case men
'ioned. known rs - En-
POINT LOOKOUT PROPERTY. !"
That said Hall, as owner in fee of said
property. and wife on the, 20 b day. OF
July. 1861. conveyed in fee one-sourth
part of the hotel grounds, part of said
real estate aud the buildings thereon to
certain VIM. II. Aleu, Of Baltimore
city. that said Hall being indebted to
said Allen in the sum Of, foar thousand
sew n hundred and twelve dollars and
twenty-four cents {S4.7l2 24) on the
23rd day Of August, 1862, executed a
conveyance of the remaining three -fourths
of aforesaid Hotel grounds aud buildings
thereon TO Geo. G. Morgan and Robert
Fo'd in trust to secure 10 the said Allen
the aforesaid Indebtedness of said Hall,
in default of payment of the several notes
of said Hall to said Allen. described in
said decd of trust that default hating
been made, tic said Trustees in pursu-
ance of terms of said trust decd soli said
estate and that said Hall became the our-
chaser Thereof on or about the 9th day of
October, 1850, and held posses sion of
same until July 18th. 1862, when said
property was occupied by the United
States Government and held until Janu-
a-y 4th, 1867 ; that possession there, {
was thereupon surrendered to said Hail
and remained in his possession until
March, 1860, when the same was dcliv-
cred by him to q certain Lucien Birds
eye. Of the City of Brooklyn, New York,
in pursuance OF contract OF sale made
by aud between the said Hall and Birds
eye Nov. 27th, 1866, tina, by the terms
Of said contract the said Birdscye was to
pay to the said Hall for said Point l. ,ok.
out property the sum of sixiy-scven thou
sand and five hundred dollars (S67 5000
and tie said Hall in consideration there
of agreed to convey to the said Birdseye
the aforesaid property, except tue inter
est Of aforesaid Allen, free from all in
cumbcranecs, except such as might be
he'd by certain VIM. ii. Dunkinson,
AID those claiming under him aud as
against the holders Of cottage rights gran.
ted by the late WIN Cost Johnson that
it was further agreed by anu between the
said Hall and the said Birdsaye, that the
title to the said property might be made
either by conveyance from sad Hall or
ly enforcement of claims against said
property or by foreclosure Of cucumber
anees thereon as might be most convent
cnt, that the said title to said property
should be confirmed to said Birdseye on
or b, fore April LIST, 1867, that said linz
itation was subsequently extended by mu-
tual agrcc mcnt and finally confirmed to
said Bird eye and accepted by him, that
it was further agreed between the afore-
said parties, that in the obtention and
perfect of title to said property by the
enforcement of claims and foreclosure of
n ortgagts a.orcslil, the said Birdseye
should not be discharged from the obliya-
ton Of aforesaid contract to pay said Hall
the aforesaid spec fed purchase mon.y 4;
that on or about November 10Th, 1866,
the Aforesaid Allen contracted with said
Budscye TO convey to him his oae-folrth
interest in the "PJiut Lookout Proper
~" aforesaid and in pursuance of said
contract, the said Allen and wife, di B
convey same in fee, November 9th, 1866,
to said Birdscye. That aforesaid Hall
consented to foreclosure of mortgage da-
ted July 20 h, 1857. from WIN. Cost
johnson to Robert Ford and assigned to
Peter Z. Smith that said VIM. Cost
johnson was owner in fee Of said Point
Lookout Property to the time of his death
in the year 1860, and that said property
was unincumbcrei of liens. save the afore-
SAID mortgage aud decd Of trust Of Al.
gust Ind, 1859, from said WIN. Cost
Johnson to Robert Ford aud Geo. e.,
Morgan TO secure payment of eight thou
sand seven hundred and fifty dollars to
said Allen. That at the death Of said
VIM. Cest johnson, unmarried, without
issue aud in,esta,c, his brother, Thomas
Johr spn, succeeded 20 the ownership and
ppssessio~ Of said ~Point Lockout Prop
erty." AID then said Thos. johnson and
wife on or about the lst September, 1862,
conveyed the said property TO said Hall
Tie bill further states, that in execa-
ton Of aforesaid mortgage Of VIM. Cos,
johnson to Robert Ford to secure psy-
ment of four Thousand FIVE hundrei and
thirty-'hree d,ilars ga, 533) decree Of
foreclosure of same was. p ssed By the
Circuit Coar, for Saint Mary's county, in
Equity. june 18th. 1850. and that Geo C
Morgan was arscis,cd trustee to make said
sale aud cold The said myrsgased premises
to sad Han on the 9th Of October, 1850,
fcr sin Thousand one hundred and fsty
dollars CSC. 1907. That said Trustee de.
parted this life. Without having reported
said sale, and that R.be,t Ford was ap-
pointed by afor, sid Corrs to eccmstste