The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1893-08-04
No. 1917 Equity.
In tie Circuit Court for Prince Georges
Comfy.

TJNIIE bill filed in this suit February IL S92,
| i alleges large indebtedness to Bet ia
| min +. Bowling and others companatits, of
! the Washington City and Point Lookout Rail
road Company and VIVA. J. Best, its alleged
| President. Ii charges the mismanagement of
| the said Railroad company by the said Best !;
| his attempt flaudu lently to assign its property,
! and his interests in the same and the insol-
| vency Of the said Railroad Company and the
| said ITm. j. Best. 1t states that there is a
| certain mortgage given to secure bOndhoders,
to the Farmers Loan and Trust Company of
| New York. trustee, and also that Charles II
Green, Herman HI libel, the Photograph Man
ufacturing Company and others have certain
interests in said Railroad Company. 1t states
further that the said William J. Best claims
the ownership of great majority of the stock
of said road, and nearly all of its bonds Sc
cured by the mortgage to the Farmers Loan
| and Trust Co mpany, as trustee as Aforesaid
| rhe object and the prayer of the bill is Fl r
Receivership of the Railroad, and of the il :
| teIests of said Best in and to the same, ana
| for diSl ,ilion of It's property, and all the
| said Best's interest in the same, as well as his
interest, as far as may be, in the aforesaid first
| mortgage bones by sale. and for such other
and further relief as may be equitable.
| Charles Il. Green, Herman knubel, and
the Hectograph manufacturing Company Of
| pleading, file their answer, which is also il
| The nature of a cross-bill, wherein. admitting
| the Indebtedness of said Best and the said
Railroad company to Benjamin F. Bow ling
and others, and the mismaaagement of said
| railroad company by said Best, as we'll as tt e
insolvency OF them beth, state that they are tt e
holders as pledges of 992 of the first mortgage
I bonds hereinbetore alluded. to, there being in
| all only 900 of same secured as aforesaid by
q tt,, 7
| COMPANY of New York, They state that said
bonds were pledged to them to secure ad
vances to said Best in bis operation of and
prosecution of work upon the said Washing
ton City and Lookout Railroad Company to
an amount exceeding ($30,O00O0) thirty
| thousand dollars, and th;t default has been
| made in the payment of the interest upon all
of the said bonds for many years past.
These defendants unite in the request for Re
| ownership and ask that there may be sale of
| the Washington City and Point Lookout Rail
road Company, and all its property to secure
| advances made by them, and as equitable lien
| holders of the said 992 bonds secured as afore
said by the mortgage to the Farmers Loan and
| Trust Company of New Y ,rk.
On the 231 day of April, 1898, petition
! was filed in the above named suit supplement
tary to and amendatory of the aforesaid bill
| of complaint, and answer and cross bill of sale,
| 0e1enGalllS, IfeeL, hnlOel ana the HeCtO1raDh
| Company, which states that at or near Forest
| vile, in Prince q aorge's County, MARYLAND, on
| the line of The said Washington City and
| Point Lookout Railroad company, there is a
| certain tract of land Of a. acres, more or less
| that in The year lSSO, or thereabouts, was oil,
chased 10y the Washington City and Poinl
| Lookout Railroad Company, about one month
subsequent to the said aforesaid mortgage to
the Farmers Loan and Trust Company OF
| New York, but which, it is claimed in said pt
| titon, is fairly covered by the terms of salt
mortgage, and is included within its proyi.
ions, though after acquired prope ty. The said
tract of land is claimed adversely by a certain
Charles Pelham in pursuance Of sale mad,
under an execution on judgment against tn,
said Washington City and Point lookout Raj
road company, the date of said execution anC
judgment being subsequent 10 both the dat.
of the aforesaid mortgage and the dat
of the acquisition Of the aforesai,
tract Of land by the Rai'roa,
Company. This tract of land the petition
| which is filed in the interest of Charles Ii
| Green, Herm knubel, and the Hrctograpl
| Manufacturing Company, equitable lien hol,
ers of the aforesaid bonds, asks to have sol,
by proceedings in the nature of foreclosure AN,
the proceeds to be dist ribnted among the sal,
Charles II. Greer, Herman knubei and TIN
| Hectograph Manufacturing Company and OIL
er fist mortgage bondholders; the petition an,
order passed therein makes Charles Pelham
party defendant to this suit.
The aforesaid Farmers Loan and Trust con
pany of New York is corporation non res
dent of the State of Maryland, but is resident
of the State of New York.
1t is thereupon this lst day of August, 1899
| ordt red bv the Circuit Court for Prime
Georges county, sitting as Court of EQUITY
tn; t be plaintiffs and the p titioners Green
knutel and the Hect graph Malufacturin on
pa aforesaid, by causing copy of this urde
to be inserted in some newspaper published
in Prince Georges comfy once in each of fou
successive weeks before the second dav of Sc,
TENDER, 1893, give notice to the said Farmer,
Loan and Trust Company OF New York O
the object and substance of the bill, answer
and cross-bll and petition aforesaid, warning
them to appear in this Court, in person or by
Solicitor, on or before the 18th day of Septenl
Der next, to show cause, if any they have why
a der giving the relief prayed in the
bill, answer and cross-bill and petition refer
red to herein should not be passed.
| JOHN b. BROOKE, A j.