Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-11-27


business, under its charters to which said
deed there is condition annexed that il be
void provided the said Company should well
and truly pay or cause to be paid TO the said
Henry G. Swain, and William NJ. Tennoy, or
to the holders of the two promissory notes
before described, whoever they may he, the
amount of said noies, and also the interest
thereon as therein provided so that he catire
sum of thirty thousand dollars and said in
terest on said sum should be paid, which said
deed was likewise ratified and confirmed by
a subsequent deed of said Company bearing
date The twentieth day of October, in the
year 1874.
The bill further states that on the 2Sh Gay
OF March, A. D. 1873 a 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
eighiy-one cents cost of an attachment, sued
ont 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 18th dat of August, in the
year eighteen hundred and seventy-three, as
signed without recourse 10 n certain Charles
w. Hayden
The bill further states that on the 18th day
OF October, A. D. 1874, a certain Joseph A .
Blnndin sued out Of said Court Il writ Of al
tarhnent against the goods and chattels, lands
and tenemenfs, Of the said Company for the
sum of .hirtY-six hundred and eighty-seven
dollars and seSenty-two cents with interest
thereuu from the 3lst day of December. A .
D. 1873, and the cost ofsaid attachment, which
said attachment WAS afterwards, 10 wit On
the 18TH day of October, A. d. 1874, levied on
the lands and tenemenls and personal estate
mentioned aEd described in the aforesaid deed
The bill charges that the said Upton Darby
and the said Charles w Hayden, as his as
! signee and the said Joseph a. Blnndin, had
| actual notice Of the existence of said deeds Of
| trust or mortgages, at the time they respect
lively acquired tleir 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 aud 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 The
complainant has acquired the right to toreelose
said deed of trust or mortgage for the benefit
Of the holders Of said bonds or coupons, and
on the 2Gth day of October, in the year 1874
The complainant a written notice from
Caroline W Morgan and Frederick Mertens BY
bis attorney, N r. 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 Jaly. A. p.
| 1874, directing the complainant 20 immedi-
ately proceed to 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 inasmnch as
there is no power of sale contained in said
deed, sale Of said lands and personal estate
Of said Company canuot be effected without
the intervention aud aid Of lhe Court
The bill alleges that The names and resi-
icnces Of the holders Of the first aud second
series of bonds issued by said Company and
the coupons appended thereto. except the said
Caroline " Morgan and Frederick Mertens
are unknown 10 the complainant; that tie
said Joseph Il. Brown, surviving Trustee in
said second deed Of trust or mortgage, Henry
! G. Swain, William NJ Teuney, John H. Kid
we'll, Henry Cooke. Charles W Hayden
and Joseph A. Blundin do not reside in the
State Of Maryland, and thai the said Maryland
Freesione Mining and Manufacturing Company
| Of Montgomery county, Maryland bath not
/ its President OF majority Of The directors or
lnanagers thereof residing in the State Of
Mary land
The prayers Of the hill nre for sale Of the
mortgaged property and for general relief
| (Gopies Of all the deeds, and Of the docket
entries IN all The Judgment and attachment
proceedings, referred 10 in the bin are fled
| herewith as Exhibits
I II is therenpon, This 9Th day Of November,
in the yeareighteen hundred and scventy-four,
by the Subscriber Clerk of the Circuit Court
| for Montgomery County adjudged and ordered
! that the complainant, ty causing copy OF
this order to be inserted in some newspaper
| published at Rock vile 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 subsistence Of this hill
and warn them to appear in person or by So
lieitor, on or before the fourteenth dav Of
March next to answer the premises and show
cause if any they have, why decree ought
not pass as prayed
T. B. PRETTYMAN, CFk.
Circuit Court for Montgomery county.