Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1871-05-18

trust from Wm. Cost J.hnson b R,ber
Ford sui Geo G. Morgan To .ecnre psy.
m~ut Of four thousand seven haudred and
twelve d liars anil twensy-f,ar cents
(4.7i2.24, 70 said Ain. the rr,nerfy
therein mentioned wa sid to said B ras.
eve ~ the AGENT. Ats"rnNy and Truues
Of = certain De'phinc p. B,kcr, WIN Cor
neil and Jno. Johnson. by whom he vas
fully authorized TO make said contracts
and purchase and take the d eds from
aforesaid Trustees, and that bis acts IN
'h" promises were approved by his said
rinc'p 'ls. they having full not &C IT san
that 'h" p ymeuis ma lie by said Birdseye
for s1d purchase w.re Is follows:-D.
cemhcr 18th, 1866. paid four thousand
and scvsn,y-cigh; d.,ilars aud two cents
(Si.07S 02) in full! Of mortgag. to Ro.
bert F"'d assigned to p ter p. Smith,
Dec. 2S.h. 1866. paid three thousand
ave hundred and seventy d.llars and &c.
'y-6ve Gents Ca. $50 SOY in full efafarr-
sati deed o. trust TO secure said Allen
aid costs and expenses o. said two sales,
Jann,ry 26:h. 1867. paid nineteen thou
sand dollars (Sl9 OOO) to Thos. John
son, Ap il LIT. 1867. seven thou..n one
hundred do'la (S7. IO0) paid to WIN. n
Allen, June LIST. 1853. paid fon- ,hnus-
and and twenty dollars (S4 02o) March
18th. 1869. paid twenty thousand doll,r.
(S2O. OOO) in full ff,y-fnnr thousand and
>ix'v-"ioh' dollars aud s'x'y-e;yht cents
1854 .06S 6sI leaving a balance due on
sail purchase sew 'nteen thousand three
hundred aud eightv-ninc dollars and
forty-s'x cents (Sl7.3s9 46) includ-
ing interest to March 10Th, 1869,
with int rest from same date. That on
or about M'rch 20 ID. 1869. possession
Of aforesaid premises was given to said
b rd-eye. upon condition and with the
express understanding and agreement
that such delivery of possession should
not affect or iinEair the lien Of said Hall
or his assigns for balance of purchase
money du- and unpaid on aforesaid con-
tract, and tina: said balance rs hereinbe-
fore stated is still due and unpaid.
The bill further states, that there are
pretensious Of title to said property, Sc.
Mp by a certain VIM. II. Dunkinson and
Delphine p. Baker. Of Washington city,
ID. G., and certain VIM. Cornell, Jno.
Johnson and WIN. B,yari, Of the State
Of New York, but that all Of their claims
and preie lsions are subsequent and sub
j ct to the rights. title and interest Of The
C,mplainant as assignee as aforesaid of
said Hi.
That s,id Birdseye has failed to paw
said balance demand therefor
has repeatedly been made-aud that the
complainant claims as assignee of afore-
said Hall. that he is entitled to the ven-
i"r's lieu due aud unpaid as aforesaid.
That the aforesaid WIN. II. Duukinson
claims title to said property by virtue of
n deed oftrust Of june Oath, 1859 aud
also BY virtue of 4 contract with said
Blrdseye, but that sail deed of trust is
void, aud null-in this that
the recording Of said deed of trus: was
eleven monthe subsequent to the executi IN
lhereot-thc same bearing date June Oath,
1899 and tie record thereof not until
May 24th, ls6O-subsequ Ii 10 the death
Of the grantor and to the execu'ion of
Iced Of trust to Robt Ford aud G. 0. G.
VI rg'n; tina. sad Dunkinson was the
attesting witness Of the latte. named deed
lnd did not give notice Of the existeue,
'f the 'ormer-that the conditions os id
iced of trust have never been affrc uatcd,
md that one of the parties to sail deed
ct trust to wit, the Cape Lookup, Pavilio
Company has never had an actual or L..
gal existence. That on Feb. 2ni, 1860
! final settlement OF all matters was made
between aforesaid WIN. Cost Johnson and
WIN. H Dunkinson that said Dunkin-
ION April 10Th, 1868 by separate deed
IN by joint deed with Vim. NJ. Stewart,
conveyed the aforesaid premises to a GER
ain Salmon b. Colby of BROOKLYN, New
iork-that said Dankinson in said con-
Teyance professed to act in his own RICH,
Ind as agent and Trustee of the Cape
Lookout Pavilion Company-that both
'ald deeds were without consideration,
fraudulent and void and sholld be vaca-
that the said Duukiuson, Stew
'rt and Colby should be required upon their
'atis, to answer iu.lJ aud particularly,
IS to the conditions and consideration OF
aid decd, herein referred to.
The bill further states that sail Hall
md wife on the Sth of September 1866
oli the said premises to certain VIM.
8iyard Of New York city for the sum Of
ixty seven thousand Eve hundred dollars
S6I ,50O) that the iced for said propertv
which by express agreement was not to
Ne delivered by said Hall until comp,i-
nee With terms Of sale was surreptitious-
y placed on the laud record OF Saint MI
Us county by said Biyard the same hav-
pg been loaned him by the said Hall for
he pre'enee Of making copies thereof.
hat the said delivery vas without con-
liberation paid to said Hail-and that
aid Baysrd has never paid any part Of
he said stipulated price.
And the bill further states that said
Dunkinsou has recently flied his bill in
the Circuit Court for st. Mary's county
n Equity against the aforesaid Lucien
Birdseye and has obtained . decree for
he sale OF tho said Point Lo ,kout Poop
'rty" that BENZ @ Harris ard J. Par
an Crane have been appoia,ed as Trus-
ces to make said sale, and have aavsr-
iSed same for sale on the 10th inst
That by reason o. the complications
'rising from the numerous and conflicting
'laims to said property aud the embar-
'assment OF title to same bit 4 sale
hereof by said Trustees would tend still
ur'hcr 10 becioud the title and be proauc-
Ave OF irreparahle damage to compisinanss