Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-11-20


business, under its charter; to which said
deed there is a condition annexed that 1t he
void provided the said Company should well
and truly pay or cause 10 be paid TO the said
Henry c. Swain, and William NJ. Tenney or
TO the holders of the two promissory notes
before described, whoever they may be- the
amount of said notes, and also the interest
thereon as therein provided SO that the entire
sum of thirty thousand dollars and said in
terest on said sum should be paid, which said
deed was likewise ratified aud confirmed by
subsequent deed of said Company bearing
date the twentieth day Of October, in the
year 1874.
The bill further states that on the 2sth day
of March, A. d. 1873, certain Upton Darby
obtained in the Circuit Court for Montgomery
county, a judgment against the said Company
for the sum of eleven hundred and seventy
nine dollars and seven cents, with interest
thereon from said date, and the sum OF eight
dollars and sixty five cents, cost of the SUIT
as also the further sum of fifty-one dollars and
eighty-one cents, cost of an attachment sued
out Of said Court by said Darby, and levied
on the lands and personal estate of said Com
pany, which said Judgment was afterwards,
TO wit: On the 10Th day of August, in the
year eighteen hundred and seventy-three, as
signed without recourse TO a certain Charles
w. Hayden.
The bill further states that on the l4th day
Of October, A. ID. 1874, certain Joseph A.
Blundin sued out of said Court, writ OF at
tachmeut against the goods and chattels, lands
and tenements, of the said Company for the
sum Of !hrty-six hundred and eighty-seven
dollars aud seventytwo cents, with interest
thereon, from the 3lst day Of December A.
D. 1873 and the cost fsad attachment, which
said attachment was afterwards, 10 wit On
the | 5ih day of October, A. d. 1874, levied on
the lands aud tenemenis and personal estate
mentioned aud described in the aforesaid deed.
The bill charges that the said Upton Darby
and the said Charles W Hay den, as his AS
signee and the said Joseph A Bundin had
actual notice of the existence of said deeds of
trust or mortgages, at the time they respect
lively acquired their said liens on said lands
and personal property.
The bill further charges that the said Com
pany has failed to pay the coupons attached
10 many of the first series OF bonds issued by
said Company and secured by the first men
toned deed of trust or mortgage, which
coupons fell due on the first days of January
and July, in the years 1872 1873, and S74,
respectively, and by reason OF said default he
complainant has acquired the right to foreclose
said deed Of trust or mortgage for the beneht
| of the holders of said bonds or coupons, and
| on the 26th day Of October, in the year 1874,
| the complainant received written notice from
| Caroline w Morgan and Frederick Mertens by
his attorney, NJ. F Norris, who are holders
| of bonds of said series amounting to the sum
| of fourteen thousand dollars, and also of the
unpaid coupons appended thereto falling due
| on the first days of January and July, A. d.
| 1874 directing the complainant to immedI-
a.ely proceed TO foreclose the said deed oftrust
| or mortgage.
| The bill alleges that the complainant is
ready and willing 10 comply with said de-
/ nand, but that he is advised that inasmuch ms
| there is no power of sale contained in said
deed, a sale OF said lands and personal estate
| of said Company cannot be effected without
| the intervention and aid oe the Court
The bill alleges that the names and resi-.
| dences of the holders of the first aud second
series of bonds issued by said Company and
| the coupons appended thereto, except the said
| Caroline W Morgan and Frederick Mertens
| are unknown to the complainant; that the
said Joseph T. Brown, surviving Trustee in
| said second deed of trust mortgage, Henry
c. Swain, William NJ Tenney, John L. Kid
| WE'LL Henry d Cooke, Charles W. Hay der
and Joseph A. Blundin do not reside il the
State of Maryland, and that the said Maryland
| Freestone Mining and Manufacturing Company
| of Montgomery county, Maryland, hath moi
its President oil a ma jority OF the directors oil
managers thereof residing in the State o
Mary land.
The prayers OF the bill are for sale OF the
morigaged property and for general relief
COPIES of all the deeds, and of the docket
entries in all the Judgment and attachment
proceedings, referred to in the bill are filed
herewith as Exhibits.
1t is thereupon, this 9Th day of November
10 the year eighteen hundred and seventy-four
by the subscriber Clerk of the Circuit Cour
for Montgomery County, adjudged and ordered
that the complainant, by causing a copy o
this order to be inserted in some newspaper
published at Rockville in said Montgomery
county, once in each Of four successive weeks
before the twelfth day of December next, give
notice to the said absent and unknown defend
ants of the object and substance of this bill
and warn them TO appear in person or by so
licitor, on or before the fourteenth day Of
March next, TO answer the premises and show
cause if any they have, why decree ough
not pass as prayed.
f. B. PRETTYMAN, CPk.
Circuit Court for Montgomery county.
True copy-Test:
nov l3-4t E B. PRETTYMAN, Crk.