The age-herald., 1900-11-08
ELYTON LAND GO.
 PROPERTY AT JAW Great Suit Filed in the Chan
 Cery Court OLD COMPANY AT ISSUE William Halls, Jr., and Maryland Trust Company Take Radical Steps to Settle Contention Regarding
 the Famous Company
OLD COMPANY AT ISSUE

Aofk and the Maryland Trust Company of Baltimore against the Elyton Land Com pany. The bill is filed OH behalf of plain tifs, and other creditors of the defend- ant.
 The petition rets out:
 l. That William Halls Jr., owned 1eS of the dividend trust bonds of the defendant. That on August 1, 1900 he brought suit in the United States Circuit Court upon said bonds to recover the principal and interest from January 1, 1898.
 2 That the Maryland Trust Company. owner of 16GS of said bonds, on August 1, 1898, instituted suit in the same court to re- cover the principal of said bonds, with in- terest from October 1, 1894
 3-f That on September g. 19OO petition CTS filed in the probate office of Jefferson County certificates of the judgments ob- tained on said suits; the judgment in favor of William Halls Jr being for Sl75 110.36 and costs; and the judgment in favor of the Maryland Trust Company. trustee. being for $2,2S1 ,91S.Q and costs. Each of said judgments being rendered on September 2i, 1900.
 3. That the Elyton Company was duly in corporated by special act of the Legisla- ture, approved February 10, 1S93 and was empowered to purchase the property of the Elyton Land Company under certain re- strietfons.
 6. That on October 1, 1891 the Elyton Land Company undertook to convey to the Ely ton Company all it's property in consdera- ton of $2 500,000 30-year per cent bonds of the Elyton Company to be secured by a mortgage upon the property so conveyed; and in pursuance of said contract the Ely ton Company issued the bonds, and secured the same by mortgage on it's property pc titioner, the Maryland Trust Company, be- ing the trustee.
 [. That on January i, 1898, the Elyton Land Company made default on Its said dividend trust bonds, both as to principal and interest, and that on said date Thomas J. Semmes and II. C. Tompkns, holders of certain of these bonds (which have since been bought by William Halls, -Jr), filed in this court their bill of complaint to en- force the same, both upon the property pledged to secure the same, as stated in said deeds, and as against the other prop erty of the Elyton Land Company. That to said suit the Elyton Land Company were made parties defendant. F. M. Billing was appointed receiver of all the property in possession of the Elyton Company, includ- ing what it had received from the Elyton Land Company. He remained in possession until it was turned over to the Birmingham Realty Company, as hereinafter set forth.
 The Maryland Trust Company answered, praying to be allowed to enforce the lien securing 1796 outstanding dividend trust trust bonds upon the property subject to the mortgage securing them, and also fore closing the lien of the mortgagee of the Elyton Company concerning property pass ing the lien of the mortgage of the Ely ton Co., covering property passing under the deed of October 1, 1891
 Afterwards on November 6, 1S99 said property was sold in two parcels, one be- ing that property covered by the lien of the dividend trust bonds, and the other parcel containing all of the property conveyed to the Elyton Company by the Elyton Land Company. William Halls, Jr bought said property, the dividend trust bonds parcel bringing $240.C0O, and it was conveyed to the Birmingham Realty Company by his direc- ton.
 s. On September 9, 1S99 Mrs. Susie Mar tin Morris filed a bill alleging she was a stockholder In the Elyton Land Company, and attacked the deed of the Elyton Land Company to the Elyton Company being ultra wires and void; likewise alleging that the mortgage executed by the Elyton Com pany to the Maryland Trust Company was void for want of title, and praying that the same be set aside, and that the receiv- ership be extended to the bill filed by her. This application refused by this court but the decision was reversed by the Su- preme Court, 1t holding that Mrs. Morris falr hot of law the conveyance by the Elyton Land Company to the Elyton Company was ultra wires and passed no title: and that the mortgage executed by the latter was void
 g Thereafter said receivership was ex. tended to the suit of Lewis c. Morris, ad- ministrator (Mrs. Morris having died), as to all the property other than that en- braced in the dividend trust fund, which had been sold as aforesaid: and all of the other property owned by the Elyton Land Company and attempted to be conveyed to the said Elyton Company, was taken pos session of by said F. M. Billing, receiver, who now holds same: and the Elyton Land Company is now without any property which can be levied on under petitioner executions.
 10-l2 Petitioners aver that under the de- cision of the Supreme Court, the deed to the Elyton Company Is absolutely void, and the property is still the Elyton Land Com panys and subject to it's debts, before any af it's stockholders are entitled to any in terest or any rights can accrue to the bondholders under the mortgage attempted to be made by the Elyton Company
 13. That the Elyton Land Company has no other property than that attempted to be conveyed to the Elyton Company, out of which petitioners judgments can be paid. That the deed of the Elyton Land Company to the Elyton Company and the mortgage by the latter to the Maryland Trust Company are clouds upon the title of the property were leYide under said judgements and sold.
 IA. That the Elyton Company is insol- vent and the Elyton Land Company has insufficient property to pay its debts.
 15. Parties defendant are made of the Elyton Land Company, the Elyton Com pany, Lewis c. Morris. administrator of Susan Martin Morris, and process prayed for