Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-14
Abstract of Plaintiffs Bill.

The Maine Trust and Banking Com
pany, a corporation established by law
and having it's office and. established
county of Kennebec and State of Maine,
in it's own behalf and in behalf of all
other creditors of the Southern Loan and
Southern Loan and Trust Company, a
corporation established by law and hav-
ing it's office and place Of business at
Portlsnd in the s county S of cumoeFland
nam of Newton. Massachusetts, Caro-
line r. Smith whose residence is not
in this State and is unknown to
whose residence is not in this State
and is also unknown to your COM
plainant, and H. r. Angus whose resi-
dence is not in this State and is unknown
says:
l. That the said defendant is corpo-
ration duly organized under an act of the
Legislature of Maine approved February
&c. A. D., 1882 and having an office and
established place of business in Port
land, Maine.
2. That under it's charter said defend
ant corporation was authorized to Dor
row money, hold real estate and mort
cage the same.
holders of said defendant company Were
made individually responsible. equally
and ratably and not one for the other
for all contracts, debts, and engagements
amount of par value of shares owned by
each in addition to the amount invested
in said shares.
a. That on the 25th day of August 1890
the defendant company gave the plain
(s65OO six thousand five hundred dollars
money loaned with interest at eight per
cent and executed and delivered a trust
deed of certain lots In Denver. Colo.
therein warranting and representing that
the said trust deed was a first lien upon
said lots said defendants then well know
ing that said premises were subject to
prior encumbranceS.
5. That on the first day of October A.
D. 1890. the defendant company gave the
plaintiff corporation promiSsOry note
for the sum of ($6OOO six thousand dol
lars money loaned on four years with
interest at eight per cent and executed
lots in the city of Denver, Colo. war
ranting and representing that said deed
was first lien upon said real estate, the
defendant corporation then wei! know
prior encumbrances.
g. That said lots referred to in fourth
and fifth items were at date of trust
cure the sum of ($75OO seven thousand
five hundred dollars; that on the second
day of June A. D. 1894. the plaintiff cor
poratiSSn Were eempssS to pay and did
seven hundred dollars to discharge prior
liens on said lots and that no part of
said (s870O) eight thousand seven hun
bred dollars has been repaid and that it
holds no security therefor.
Z. On the 22d day of August A. D., 1889,
the defendant corporation. gave the plain
tiff corporation its promissory note for
the sum of ($lS0O eighteen hundred dol
lars money loaned on four years and ex-
ecuted and delivered to said plaintiff cor
poration a trust deed of certain real es-
tate in The city Of Denver, Colo, to Sc
cure said note.
5. That all the premises described in
the trust deeds in items 4th, 5th and 9TH.
have been sold and net proceeds thereof
credited ON said Indebtedness.
Q. That at the March term of the SUI
preme judicial court 1896. Kennebec
county, Maine. said plaintiff corporation
recovered judgment against said defenu-
ant corporation for the sum of ($11, $685. 5)
eleven thousand eight hundred sixty
three dollars and fifteen cents debt, and
,sl202) twelve dollars and two cents cost
of suit for which amount execution was
issued by said court on the 18th day of
April a. D., 1896.
TO- That on the ed day of Apri, A. D..
1896. the said execution was delivered to
c. l., buchanan. a deputy sheriff in and