The Republican. [volume] (Oakland, Md.) 1877-current, 1904-02-18
ORDER OF PUBLICATION.
Calvert Coal and Iron Company, ct. al.

calvert coal and Iron Company, et al.
VS..
Winslow Mason, Charles!F. Haines, ct. al.
No. l252 Equity. In the Circuit ECourt fer
Garrett County,,Md.
The object of this suit is to procure a de.
cree annulling, cancelling and setting aside
a pretended deed from the Calvert Coal au6
Iron Company to one Charles D. Beaumont
trustee, dated 10th day of May, 1902 and re-
corded in Liber E. z. T. No. 40, folio 5g7, one
of the Land records of Garrett county, Mary
land.
The bill states that a certain Robert A.
Parrish, of Philadelphia, Pennsylvania, waa,
In his lifetime, the owner of 1915 shares Of
the capital stock of the plaintiff Calvert Cod
and Iron Company, which whole capit$i
stock CONTESTED of 1900 shares and that CaA
vert Coal and Iron Company is the owner 4,
fee of tract of land in Garrett county, Ma
ryland. known as Lot No. 3 of the sub-divis-
ion of "Beatty's Plains, " containing 900 acres
more or less, and is in possession thereof ana
has been in exclusive and continuous pos
session OF the same for long term of years
under deed from Joseph T. Thornton trus-
folio 81, one of the Land Records OF Garrett
county, copy OF said deed being filed with
the "a. PHI MARKED %Plantif's Exhibit A. that
ON the end of February, 1901, the said ROBBERS
A. Parish, being owner of the aforesaN
SnareS or stock made and executed his Lass
VIII and testament; on or about the Goth day
of March, 1891, died without having revoked
the same and said will was duly admitted 10
probate by the Register of Wills of the CITY
and County of Philadelphia, Penn, and rs
now OF record of record in the Office of SAID
Register of Wills in viii Book No. pa page
OIL, and that Letters TeStamentary were
granted thereon unto the plaintiff, Marie
Gaul, the executriX therein named and duh
certified copies of said will and certificate
OF the grant OF said letters are filed with tho
bill marked plaintiffs Exhibits and c.
| respectively. The bin further charges that
the said defendants, WinslOw Mason, Charles
f. HaineS, Charles O. Beaumont, trpstes
and the other defendants whose names fe
n n ~ 1lytNfA, l,0r
spired together with the intent and purpose
to fraudulently, illegally and unlawfully de-
prive the complainants OF their right ana
title to the aforesaid tract OF land and charas
that the said defendants above named ana
the other defendants whose names to tile
plaintiffs are unknown have assumed to act
as the officers, stockholders, directors ana
agents OF the plaintiff Calvert Coal and Iron
Company and have attempted to exercise
the rights conferred by law upon said plain
tiff and have assumed to exercise the fran
chises thereof, all of which acts on the part
of the said defendants above named are
| illegal and void, they the said defendants
having no interest whatever in said prop
erty, stock, franchises and rights of Calvert
Coal and Iron Company, and that the deea
to the said Charles .. Beaumont, trustee,
dated the 10th day of May, 1902, purportiny
to have been executed by Winslow Mason
fraudulently representing himself to be the
President and Charles f. Haines, fraudu-
| lently representing himself and pretending
to be the duly constituted attorney ana
agent of Calvert Coal and iron Company.
whereby they undertook to convey the afore-
said tract of land to the said Charles D.
Beaumont, trustee, and which deed is re-
corded in Liber L. Y. r. No. 40, folio 597. one
of the Land Records of Garrett county, and
a copy of which is filed with the bill marked
plaintiffs Exhibit D." is fraud and con-
stitutes cloud upon the title of Calvert Coal
ana IRON company to said land, the stock Of
which corporation with the exception of
twenty-five shares belongs to and is the soe
| property of the said plaintiff Marie Gaul, ex-
ecutrlX anu sole devisee under the will of
said Robert A. Parrish, deceased, and that
the said pretended deed, unless set aside
and Cancelled by the Court of Equity, wiz
deprive the compliments of all their rights
and interests of every kind to which they
are entitled i'll said property and will strip
the complainants of all said property ana
VIII beStow the same upon the said defend.
ants above named and their co-conspirators,
whose names are to the complainants I'M
known and who have assumed the power
ana undertaken to exercise the franchises OF
Calvert Coal and Iron Company and whs
have no right and title to the same.
That the pretended deed to the said Charles
| o. Beaumont, trustee, is wholly without
legal consideration, is fraudulent and void
and should be set aside, cancelled and an
nulled by this Court.
The bill then prayS that the said pretended
deed purporting to have been made and ex-
ecuted on the 10th day of May. 1902, by said
Calvert Coal and Iron Company, through its
pretended president, Winslow Mason, and
Charles +. Haines, its pretended attorney in
fact and agent, to the said Charles O. Beau
mont, trustee, may be annulled, cancelled
and set aside by the decree Of this Court, for
general relief and for an order of publication
against the said Winslow Mason, Charles +.
Haines and Charles .. Beaumont, trustee,
who are onreSidents of this State and alse
an order of publication according to law, re
quiring the unknown persons and parties
who have assumed to act in connection with
the above named defendants as officers,
stockholders, directors and agents of said
Calvert Coal and Iron Company, of the OBJ
1ect and substance of this bill and warning
them to be and appear i'll this Court. in per-
son or by solicitor on or before certain day
to be named therein to show cause, IL any,
why decree ought not to be passed as
prayed.
1t is thereupon this 18th day of February,
1904, ordered, by the Circuit Courtfor Garrett
county, sitting in Equity that the plaintiffs,
by causing copy of this order to be inserted
i'll some newspaper, published in said Gar
rett county. once in each of four successive
weeks before the 18th day of March, 1901, give
notice to the said absent defendants of the
object and substance of this bill, warning
them to appear in this Conrt in person or by
solicitor on or before the 29th day of March
next, to show cause, if any they have, why a
decree ought not to be passed as prayed.
E. 7. TOWER. Clerk
True copy-test:-
II. Il. TOWER, Clerk, 1875