Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-11-13
WelC advertisements.

manner there used by said Company, in con-
nection with it's mining and manufacturing
business, unuer its charter; to which said
deed there is a condition annexed that il 10
void provided the said Company should well
and truly pay or cause 10 be paid TO the said
Henry @. Swain aud 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
subsequent! deed of said Company bearing
date the twentieth day Of October, in the
year 1874.
The bill further states that on the 2eth day
of March, A. D. 1878, 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 dale, and the sum Of eight
dollars and sixty-fve cents cost of the suit
as also the further sum Of ifty-one dollars and
eiEhty-oue 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,
10 wit On the 26th day of August, in the
year eighteen hundred and seventy-three, as
signed without recourse to u certain Charles
W. Hayden
The bill further states that on the l4lh day
OF October, A. ID. 1874, II certain Joseph A.
Blundin sued out of said Court, writ Of at
tachmcnt against the goods and cbaiteIs, lands
and tenements, of the said Company for the
sum of hirty-six hundred and eighty-seven
dollars and seventy-two cents, with interest
thereon, from the 5lst dny of December, a.
D. 1878, and the cost ofsaid attachment, whrh
said attachment WAS afterwards, 10 wit On
fI,f ~. 4 ..Fl ~. l.. A i
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. Blundin, had
actual notice of the existence of said deeds Of
trust or mortgages, al the time they respect-
lively acquired their said liens on said lands
aud personal property.
The bill further charges that the said Com
pany IS failed to pay the coupons attached
10 many of the first series of bonds issued by
said Company and secured by the first mem
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 foreclose
said deed OF trust or mortgage for. the benefit
OF the holders OF said bonds or coupons, and
on the Goth day of October, in the year 1874,
The complainant received u 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
Oh the first days Of January and July, A. d.
1874, directing the complainant to mmedi-
a.ely proceed to foreclose the said deed of trust
mortgage.
The bill alleges that the complainant is
ready and willing 10 comply with said de-
maud. but that he is nd yised that inasmuch
there is no power of sale contained in said
deed, sale Of said lands and personal estate
of. said Company cannot be effected without
the intervention and aid o: 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 aud
the coupons appended thereto except the said
Caroline W. Morgan and Frederick Meriens
are unknown to the complainant: that the
said Joseph T. Brown, surviving Trustee in
said second deed Of trust or mortgage, Henry
c. Swain, William VI Tenney, John L. Kid
we'll. Henry D Cooke, Charles ". Hayden
and Joseph A. Blnndin do not reside il the
State OF Maryland, and thai The said Mary land
Freesfone Mining and Manufacturing Company
of Montgomery county. Maryland, hath nut
its President oil majority OF The directors or
managers thereof residing in the State OF
Maryland
The prayers Of the bin are for n sale OF the
mortgaged 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
II is thereupon, this 9th day Of November,
in the veareig hteen hundred and seventy-four.
by the subscriber Clerk of the Cirenit Court
for Montgomery County, adjudged and ordered
that the complainant, by causing copy Of
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