Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-06-06

Llt6C Circuit Court tor Montgomery county,
as u Court Of Equtfy:
VFNIlE object of this suit is TO vacate and
a SET aside the following deeds, viz deed
from Benjamin NJ. Plumb and Lizzie Per Lee
Plumb, his wife, 10 H. Ralph Prentice, bear
ing date the fifth day OF November, in the
year 1872, conveying about ftty-seven acres
Of land, lying and being in Montgomery
county, and particularly described in said
deed and deed from the said H. Ralph
Prentice and Mary Prentice, his wife, bearing
the same date, conveying the same lands TO
II certain Abram j Per Lee, in trust 10 Sc
cure TO the said Lizzie Per Lee Plumb the
payment of the sum of $4,000 90; and to pro-
cure decree for the sale Of the lands mem
toned and described in said deeds, or so
much thereof as may be necessary for the pur-
pose of paying the compliments claim, and
The claims of such other creditors of the said
Benjamin NJ Plumb and Lizzie Per Lee
Plumb, his wife, as will come in and contri-
butte to the expense of this suit.
The Bill states that the said benjamin NJ.
Plumb and Lizzie Per Lee Plumb, his wife, OF
Washington City, in the District OF Column
hia were indebted unto the complainant in
the sum of thrty-hve hundred dollars; with
interest thereon from the twenty-fourlh day of
Jane, in the year 1871 by reason of a certain
promissory note drawn in the City of Wash
ngton by said Benjamin ". Plumb and Liz
zic Per Lee Plumb in favor Ola certain Henry
g. Gill. bearing date the 24lh day of june
in the year 1871, for the sum of $500 co.
with interest thereon from date ut the rate of
ten per cent. per annum, payable semi-annu-
ally, and endorsed by the>said Henry G. Gill
TO the complainant; and on the 30th Gay Of
january, in the year 1873, payment was
made on said note, by a judicial sale of GER
tain property in the City Of Washington, of
the sum of S262t 81, leaving balance due
the complainant Of the sum Of eight hundred
and seventy-hve dollars and sixty-thrce cents,
with interest thereon from said 30th day OF
January. in the year 1873, at the aforesaid
rate Of interest.
The Bill further states that the complainant
being unable to find any property belonging
to the said Benjamin NJ. Plumb and Lizzie
Per Lee Plumb, his wife, or either of them,
in the District of Columbia, ont of which his
said claim could be realized, on the 23d day
of May, in the year 1878, caused a writ fat
tachment TO be issued out Of the Circuit Court
for Montgomery county, against the lands,
tenements goods, chauels and credits OF the
said Benjamin NJ. Plumb aud Lizzie Per Lee
Plumb his wife under and by virtue Of which
said writ OF attachment the Sheriff of Mont
gomery county did, on the 2Sth day of May,
in the year 1873 seize and attach all the right,
N. Plumb and Lizzie Per Lee Plumb, his wife,
in and to n certain tract, part of a tract piece
| or parcel of land, lying and being in said
Montgomery county, which was conveyed &c
The said Lizzie Per Lee Plumb by a certain
John Straining and wife, by deed bearing
date the 27th day of September. III the yeal
1871, all Of which will more fully and al
! large appear by reference TO properly certi-
fed copy of said attachment proceedings filed
/ with the bill and marked Complaiuant's Elk
| hihit No. l.
The Bill further states. that a certain john
Slrnining and Mary Straining, his wife, by
deed bearing date the 9th day of September
/ in the year 1871, and recorded among tht
! Land Records of said Montgomery county,
! in I.iber L. y P, No. 10, conveyed to The
/ said Lizzie Per Lee Plumb, certain lands Lying
/ and being in said county and particularly
/ described in said deed MS will appear BY
reference to a certified copy thereof tied viii
/ the hill rs CompIainant's Exhibit, No. 2.
The Bin further states, that the said Benz
/ NJ. Plumb and Lizzie Per Lee Plumb, his
/ wife, being indebted rs aforesaid to the Com
/ plainant did, on the 9TH day of November, il
/ the year 1872, profess 10 convey by deed il
4 fee the whole Of said lands TO a certain II
/ Ralph Prentice Of Washington city, in Tho
! the District Of Columbia, for n pretended
consideration of six thousand dollars, anC
on the same day the said II Ralph Prentice
aud Mary Prentice, his wife, pretended II
convey the said lands 10 a certain Abran
J. Per Lee, in trust, 10 secure to the sale
/ Lizzie Per Lee Plumb the payment of a sun
Of six thousand dollars as the purchase money
for said lands, all of which will more full!
appear by reference to certified copies OF sale
deed filed with the bill and marked Com
| plainant's Exhibit Nos and A.
The Bill charges that said deed from TIN
said Benjamin NJ. Plumb and Lizzie Per Lee
/ Plumb, his wife, TO the said II Ralph Prem
tce was not in fact recorded until the nine
tecuth day Of May, in the year 1873, more
1 Than six months after the date Of the execu
| tion, although through some inadvertence ol
mistake on the part of the Clerk or for SOM
other cause to the complainant unknown. !
seems to have been recorded on the fifth day
of Nav, in the year 1873. And the complain
ant is nd vised that by virtue Of the provision
Of the law of the State relating TO the regis
tratou of deeds, the said deed would hav
validity aud effect only as n contract to con
vey said lands. had the same been made il
good faith and for valid and valuable consid
Grafton, inasmuch as the complainant was
creditor Of the aforesaid Benjamin NJ. Plumb
and Lizzie Per Lee Plumb, his wife, befor
the recording Of said deed and had no motto
| OF the existence thereof and that he is emit
advantages resulting from the facts abov
stated But the complainant further charge
| that the said deed from the said BENJAMIN
VI Plumb and Lizzie Per Lee Plumb, his wife
TO the said II Ralph Prentice, and the dee
of trust from the said RI. Ralph Prentice an
to the said Abram J. Per Lee were not mad
in good faith but were fraudulently made
not for bonn tide, but for simulated and pre-
1 tended considerations, and were made to hin
4 laln fIo r.iofr
.lre other creditors of the said Benjamin NJ
Plumb aud LIZZIE Per Lee Plumb, his wife
of their just and lawful debts, and TO defea
any efforts Of the complainant and the SAT-
other creditors to subject said lands to III
| payment of the Just and lawful debts of tn
snid Benjamin NJ. Plumb and Lizzie Per lie
Plumb, his wife: And the same are therefor
void.
The Bill further charges that the said sun
Of 5S65.G3, with interest thereon from thu
30th day Of January, in the year 1873, ut tn
rate Of Ten per cent. per aunum, still remain
due and owing 10 the complainant Aud tina
the said Benjamin VI. Plumb and Lizzie Pc
Lee Plumb, his wife, have no property on
Of which the said amount can be made, othe
than the lands they so fraudulently convey
ed 10 The said Il. Ralph Prentice, in preiudic
| and fraud of the rights Of their subsistinl
| creditors and had not Mt the time they 81
! conveyed the same, and the complainant al
leges hat unless thesaid property shall h
made subject 10 the payment and satisfaction
Of his said claim, that he, as well as all othe
creditors Of the said Benjamin ". Plumb ant
Lizzie Per Lee Plumb, his wife, are entirely
rcmediless in the premises
The bill further states that the said Benz
". Plumb and Lizzie Per Lee Plumb, his wife
II. Ralph Prentice and Mary Prentice, hi.
I wife and Abraun i pcr ,ep grp nou-Fesi