The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1893-08-25

In the Circuit Court for Prince Georges
County.
TTVHE bill filed in this suit February 1882,
i alleges large Indebtedness to BeCja-
min F. Bowling and others, complain tuts, of
the Washington City and Point Lookout Rail-
road Company and Wn. J. Best, its alleged
President. II ola ges the Encouragement OF
the said Railroad company by the said Best
bis attempt fraudulentiy to assign its property,
AID his interests in the same, and the insol-
vency of the said Railroad Company aud the
said Wm. J. Best. 1t states that there is
certain mortgage given to secure bondholders,
to the Farmers Loan and Trust Company OF
New York, trustee, and also that Charles II
Green, Herman Knubel, 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 a 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 Company, as trustee as Aforesaid
The object and the prayer of the bill is for
Receivership OF the Railroad, and Of the i'll
terests of said Best in and to the same, anu
for disposition of Its property, and all the
said BesL's interest in the same, as we'll rs his
interest, as far as may be, in the aforesaid first
mortgage bonds by sale. and for such other
and further relief as may be equitable.
Charles q. Green, herman Knubel, and
the Photograph Manufacturing Company Of
defendants, III regular course OF
pleading, file their answer, which is also III
the nature of q cross-bill, wherein. admitting
the Indebtedness Of said Best and the SAID
Railroad company to Benjamin F. Bow ling
and others, and the mismansgement Of said
railroad company by said Best, as we'll as tie
insolvency of them both state that they are the
holders, AS pledges of 992 of the first mortgage
bonds hereinbefore alluded to, there being i'll
/ all only 1000 of same secured as aforesaid by
| the mortgage to the Farmers Loan and Truss
Company of New York. They state that said
| bonds were pledged to them to secure ad
vances to said Best in his operation Of and
prosecution Of work upon the said Washing
| ton City and Lookout Railruad Company to
an amount exceeding ($30,OOO.O0) thirty
thousand dollars, and that default has beeu
made in the payment Of the interest upon all
/ of the said bonds for many years past.
These defendants unite in the request for r.,
| ceiv ership 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 equitab lie lien
holders of the said 992 bonds secured Is at ore.
said by the mortgage to the Farmers Loan and
Trust Company Of New ,rk.
On the 23d day Of April, 1893, q petition
was filed in the above named suit supple mer
tary to and amendatory Of the aforesaid bill
Of complaint, and answer and cross bill OF said
defendants, Green, knubel and the Heetograpl
Company, which states that at or near Fores,
vile, in Prince Georges County, Maryland, OF
the line Of the said Washington CITY anl
Point Lookout Railroad company, there is /
certain tract of land uf ~ acres, more or less
hat in the year 1880, or Whereabouts. was pu
chased by the Washington City and Pon
Lookout Railroad Company, about one month
subsequent to the said aforesaid mortgage t.
the Farmers Loan and Trust Company O
New York, but which, it is claimed in said D,
tition, is fairly covered by the terms of sal,
mortgage, and is included within its proyi
IONS, though after acquired property. The sal,
tract Of land is claimed adversely by certain
Charles Pelham in pursuance Of sale mad
under an execution On judgment against th
said Washington City and Point Lookout Raj
road company, the date Of said execution ant
judgment being subsequent 10 both the dat
Of the aforesaid mortgage and the dat
Of the acquisition Of the aforesaid
tract of land by the Railroa
| Company. This tract of land the petition
/ which is filed in the interest OF Charles II.
Green, Herman lubel, and the Hectogrph
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 attributed among the sal
Charles H. Greer, Herman Knubel and tn.
Photograph Manufacturing Company, and OF
er fist mortgage bondholders; the petition an
order passed therein makes Charles Pelham
party defendant to this suit.
The aforesaid Farmers Loan end Trus. cor
pany of New York is a corporation non res
dent Of the State of Maryland, but is residep
Of the STATE Of New York.
It's thereupon this 1st day of August, $780,
ordered by the Circuit Court for Prime
Georges county, sitting as Court of Eqnt,
, that the plaintiffs and the petitioners Greer
Knutel and the Hect graph Manufacturing col
pany aforesaid, by causing copy of thi, ordt
10 be inserted in some newspaper puhshe
IN Prince Georges county once in each of fou
successive weeks before the second day Of Sc
TENDER, 1898, give notice to the said Farmer
Loan aid Trust Company OF New Yo.k,
the obj ct and substance OF the bill, answ,
and cross -b.ll and petition aforesaid, warnnl
, them to appear in this Court, in person or b
Solicitor, on or before the 9TH day of Septe,
Der next, to show cause, if any they have, VIII
decree giving the relief prayed in tn
bill. answer and cross-bill and petition rete
ed to herein should not be passed.