Evening star., 1899-04-11
INJUNCTION AND RELEASE
Proceedings Instituted Today Against Sec
ond Workingmen's Building Association.
Alleged That Association fs Endeav-
Iy Settled With Secretary.

Jeremiah F. Nelligan, John j. Nelligan
and David A Nelligan, through Attorney
Leon Tobriner, today filed bill in equity
for injunction and release, naming Elon A.
Woodward, James White, Timothy d. Daily,
Dennis Fogarty, Peter NJ Becker, William
Ward, Thomas LanegaE, John I. Murphy,
John O'Connor and Thomas NJ. OConnor.
The complainants are all residents of At
lantic City, n. j., and defendants of the
District of Columbia. 1t is explained that
Woodward and White are sued as trustees
under deed of trust. DAILY as treasurer,
Fogarty as president, Becker as secretary
and the remaining defendants as directors
and shareholders cf voluntary unincorpcr-
ated association known and styled as The
Second workingmens Building Association
of the District of Columbia and as rep
resenting the other members.
1t is stated by the complainants that their
father. David Nelligan, the 18th of May.
1886 was a stockholder in the building as
sociation, and that day received a loan
from it of $525. secured by deed of trust
on lots / and 2 OF Johnsons SUBDIVISION ,,ts; oi
certain lots In Wright's and Doles' subda-
visions of parts of Pleasant Plains II
is added that David Nelligan subsequently
obtained additional advances from the
building association. SO that the l9th nor OF
April 1890 he was indebted to the asso-
citation in the sum of $S49.U.
Secretary in Charge.
Continuing, the complainants state that
for some time prior to the 18th of May,
1856. until the 1st of November, 1898, one
John T Lynch was secretary of the Second
Work!ngmen's Building Association, and
had practically the sole management of the
affairs of the association. The 10th of
April 1890, it is declared, David NelliSan
paid to Lynch, as secretary, in settlement
of his Indebtedness to the association,
sSI97T and Lynch delivered to him the
original deed of trust and other papars in
connection with the transac ton. Michigan,
so it is set forth, was not advised that 1t
was necessary to have the deed Of trust re-
leased of record. Nelligan died In Decem-
bsr 1892, leaving the complainants as his
only heirs al law.
The complainants now inform the court
that the association claims that Lynch did
not pay to it the money by him received
from the said Nelligan,' and, they go on to
say. the officers of the association, having
ascertained that the deed of trust stands
unreleased of record, now Insist that the
same is valid lien upon the real estate
with interest, and have rendered a state
ment by which it appears that the amount
claimed by the association 70 be secured by
the deed of trust aggregates 81 12S4-21. and
threaten that unless the same is paid with
in a short time to enforce the deed of trust
by sale of the real estate, for the purpose
of paying the alleged debt.
Further Claim.
The complainants declare that the in
debtedness secured by the deed of trust was
lquidated and Cancelled by David Nelligan
April 49, 1890. and that the association, by
it's action and the conduct of its officers, is
estopped from asserting any claim under
the deed of trust or as against the real es-
tate, 'even If it be true that the said Lynch
did not account to the said association for
the money SO paid him by the said Nelli-
gam
The court is asked to restrain the officers
and directors of the association from TAX
ing any action under the deed of trust. and
that Woodward and White be required to
execute to the complainants a deed of re-
lease of the real estate from the deed OF
trust.