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


business, under its charter; to which said
deed there is condition annexed that it he
void provided the said Company should well
and truly pay or cause to he paid to the said
Henry @. 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 and confirmed by
n 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, a certain Upton Darby
obtained in the Circuit Court for Montgomery
county, n 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-fve cents, cost of the suit,
as also the further sum of tifty-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 26th day of August, in the
year eighteen hundred and seventy-three, as
signed without recourse to n certain Charles
w. Hayden.
The bill further states that on the l4th day
Of October, A. b. 1874, certain Joseph A.
Blundin sued out Of said Court, writ OF at
tachment against the goods and chattels, lands
and tenements, OF the said Company for the
sum of !hirty-sx hundred and eighty-seven
dollars and seventy-two cents, with interest
thereon, from the 3lst day of December, A.
d. 1873, and the cost ofsaid attachment, which
said attachment was afterwards, TO wit On
the 18TH day of October, A. d. 1874, levied on
the lands and tenements and personal estate
mentioned ard described in the aforesaid deed.
The bill charges that the said Upton Darby
and the said Charles W. Hayde 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
to 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 1874,
respectively, and by reason of said default I he
complainant has acquired the right to foreclose
said deed Of trust or mortgage for the benefit
Of the holders of said bonds or coupons, and
on the 26th day Of October, in the year 874,
the complainant received II 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-
aiely proceed 10 foreclose the said deed OF trust
or mortgage.
The bill alleges that the complainant is
ready and willing 10 comply with said de-
mand, but that he is advised that inasmuch as
here 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 and 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 i. Brown, surviving Trustee IN
s"ie q seconG ueed oil rus or mortgage, henry
=. nwain, " IMAM lenhey' Jonn - Mo
well Henry D. Cooke, Charles w. Hayden