Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-12-04

N1E obJect OF TINS SUIT is 10 procure decree
for the sale of certain lands and personal
property, belonging to "The Maryland Free
stone Mining and Manufacturing Company of
Montgomery county, Maryland, and particu-
larly mentioned and described in mortgage
or Deed of Trust from said Company to Will
liam s Huntington, Benjamin B. French, and
Joseph 7. Brown, bearing date the first day of
July, in the year eighteen hundred aad sixty
eight: and recorded among the Land Records
Of Montgomery county, in LibeT f. b p, No.
s, folios 400, &c, or so much thereof as may
he necessary 10 payand satisfy all overdue and
unpaid coupons, for interest, attached to
series of bonds issued by said Company on
said first day Of July, in the year eighteen
hundred and sixty-eight, the payment of which
is secured by said mortgage or Deed of Trust,
and deed con6rmatory thereof, bearing date
the sixteenth day of October, in the year
eighteen hundred and seventy-four.
The bin states that on the first day of July,
in the year eighteen hundred and sixty-eight,
the Maryland Freestone Mining and Manufac
turing Company, OF Montgomery county, Mary
land, a corporation incorporated under the
general incorporation law of the State of Mary
land, made and executed series of bonds,
bearing the aforesaid date, being in sums of
five hundred dollars each, and together amount
ing to the sum Of one hundred thousand dol
lars, by each Of which said bonds the said cor
poraton acknowledged itself indebted to Will
Idui o. luuliHglOU, OF DtdTeEs III tue sum VI
five hundred dollars, which said sum the said
Company promised TO pay TO the bearer, Mt the
First National Bank, of Washington D c.,
on the first day of January in the year eighteen
hundred and eighty-one, with interest thereon
at the rate of per cent. per annum, in United
States gold coin payable semi-annualy al the
said bank, on the first day of January and
July of each year, on presentation and sur
render of the annexed coupons thereof as they
scverally matured, to each Of which said bonds
there was appended twenty-tour coupons or
certificates, each for the sum of fifteen dollars,
being for the sem-annual interest, maturing
on said bonds, on the first days of January
and July in each year, from the date to the
maturity of said bonds and payable in United
States gold coin, at the First National Bank
OF Washington, d c.. and in order 10 secure
the payment of the said bonds, when they ma
tured, and the payment of the said coupons at
the times and in the order they respectively
became due and payable The said Company, on
the said first day Of July in the year eighteen
hundred and sixty-eght, did by its deed ofthat
date, convey 10 certain William s. Hunting
ton, Benjamin B. French. and the complain
ant Joseph 7 Brown, certain lands lying and
being in Montgomery county, in the State of
Maryland, and particularly described in said
deed; also, all the personal estate, mills. ma
chinery, tools implements, docks, boats, live
stock. franchises, freestone quarred or un-
ton, belonging to said Company, and situate
lying and being on, about and upon said
lands, in any manner used by said Com
pany in connection with its mining and man
ufacturng business under its charter from the
State of Maryland to which said deed there
is a condition annexed that it be void, pro-
vded the said Company should well aud truly
pay, cause to be paid 10 the said grantees
named in said deeds or to the holders thereof
whosoever they may he. the said bonds herein
before particularly referred TO and described
aud each and every of them, and also the in
terest accruing and accrued thereon by the
instalments and in the manner and form set
forth and specifically provided in the certifi-
Gates or coupons attached to and made part of
said bonds, so that the entire sum of one hun
bred thousand dollars, with the interest thereon
in United States coin as aforesaid, should be
fully paid and entirely satisfied, without any
deduction or abatement whatsoever.
The bill further states that since the Issue
and delivery of said bonds and the execution OF
said deed. the said William s Huntington and
Benjamin B. French have departed this life,
leaving your orator the only surviving grantee
named in said deed.
The bill further states that since the making
of said deed and for the purpose of quieting
any doubts as to the exact form in which the
was executed, the said Company did, on
the 10th day of October in the year eighteen
james Dawson, its attorney iii fact, duly APP
pointed for that purpose, acknowledge and
deliver to the complainant, as surviving trus-
tee and grantee named in the deed aforesaid
a deed confrmatorv Of the first mentioned
deed, with nil its covenants, terms and condi-
tions, which said confrmatory deed was duly
recorded among the land records OF said Mont
gomery county, on the goth day of October,
1874
The bill further states that after the issue OF
the series of bonds before referred TO, to wit
on the first day of January A. D. 1870 the
said Company issued a second series Of bonds,
hearing said date, being in sums of five hun
dred dollars, each, and together amounting to
the sum of one hundred thousand dollars,
which said bonds were made, payable on the
first day of January, 10 the year 1885, but in
all other respects as TO amount, payees and
place of payment, and rate, time and place OF
payment of the interest thereon, were similar
10 the first series of bonds issued by said Com
pauy, to each of which said bonds Of the second
series there were attached thirty certificates or
coupons, each for the sum OF fifteen dollars.
aud payable an the same days Of the year, and
ut the same Pike. and in the same coin as the
certificates or coupons attached to the first
series of bonds, and for the purpose of secur-
ing the said second series of bonds aud the
coupons appended thereto, the said Company
did on the first day of January, A. d. 1870,
by its deed Of that date, convey to William
S. Huntington, Benjamin 3 French and the
complainant Joseph I. Brown, as trustees,
the same lands and personal estate mentioned
ard described in the first deed, and the deed
confrmatory thereof which said last mem
toned deed contains the same covenants and
stipulatons and is subject to the same condi-
tons that contained in the first mentioned
deed, and like it, ratified and confirmed
by subsequent deed Of said Company, bear
ing date the 18th day of October A D. 1874,
and duly recorded among the Land Records
of said county, on the 22d day of October,
1874.
The bill further states that after the issue Of
the first and second series Of bonds before re-
ferred TO, 10 wit: N the goth day of October,
A d. 1872, the said Company executed and
delivered its two promissory notes Of that date
for the aggregate SUN Of thirty thousand dol
lars, one for the sum of tweuty-four thousand
two hundred and fifty dollars, payable to the
order of certain John i Kidwell at the First
National Bank of Washington, D. c., on the
first day of November, A. D. 1877, with inter-
est thereon at the rate of six per cent. per an
mum, payable semi-annGally on the first days
of May and November in each year thereafter
until the maturity thereof and the other for
the sum of FIVE Thousand seven hundred and
fifty dollars. payable 10 the order of certain
Henry D. Cooke ct the same time and place
and with like interest payable in like manner,
and in order to secure the payment Of the said
two notes, with the interest on the same. the
said Company did, on the said goth day Of
October, A. d. 1872, BY It's certain deed Of
Iata conrav Hanxv r. nd