Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-16
UNIVERSITY RIGHTS
SUIT INVOLVING THE CATHOLIC
INSTITUTION.
Washington Loan and Trust Company
Wants Waggaman Transaction
Strengthened Out.

The right of the Catholic University Of
Prospect and Woodley. conveyed July %
last by Thomas E. Waggaman and John
Ridout, trustees, in trust to secure the
university in the sum of $S76. 1896, was at
tackled this afternoon in a bill in equity
filed in the Supreme Court of the District
of Columbia by the Washington Loan and
Trust Company, as executor and trustee
under the last will and testament of Ben
jamin X. Plain, deceased. and in it's own
right.
The defendants are Thomas E. Wagga-
man and John Ridout, trustees; John +.
Waggaman, Thomas E. Waggaman, Henry
P. Waggaman, Samuel Waggaman, H.
Rozier Dulany, trustee in bankruptcy;
Clara ]. Heyland, William p Gest, H. Cor
don McCouch and Walter c. Harris, trus-
tees; George E. Hamilton and Irving Will
hanson, trustees, and the Catholic Univer-
sity of America.
It is explained that to secure the payment
of the $S76, 1885, as stated Thomas e.
Waggaman caused to be Endorsed to the
university certain promissory notes, pay
ment of which was purported to be guaran-
teed by him by written Endorsement there
on.
The Washington Loan and Trust Com
pany charges that the execution of the deed
of trust to Hamilton and Williamson by
Waggaman and Rfdout, trustees, was unau-
thorized by and in violation of the trusts in
them under a certain deed from Fannie A.
Moore. 1t is added that the alleged indebt-
edness which the deed of trust purports to
secure was the personal and individual la
biiity Of Thomas E. Waggaman to the
Catholic University, for which it held other
promissory notes as security, considerable
portion of the amount of which has been
paid to the university.
Further, it is declared that Hamilton
and Williamson and the Catholic Univer-
sity at and before the execution and deliv-
cry of the deed Of trust had knowledge
and notice Of an agreement in the deed
from Fannie A. Moore. 1t is pointed out
that if they had not such actual knowl-
edge or notice they had knowledge and no.
tice of such facts and circumstances as to
put them upon inquiry as to the same and
hold them to the consequences of actual
notice and knowledge.
Lien on Real Estate.
The charge is made that they also had
actual notice and knowledge of an equita Bile
lien on the real estate, of the estate of
D0hJodliii r. IIdIli, u SECURE pTomlSSOTy
notes for the sum of $780, 900; that neither
John F. Waggaman nor Henry P. Wagga-
man consented to the execution of the
deed of trust; that the deed of trust to
Hamilton and Williamson is null and void;
that it is null and void as to the COM
plainant's lien on the real estate, and that
the complainant's claim to an equitable
lien on the real estate is entitled to pri-
GRITTY over any claim under the deed of
trust. .-.--
The Washington Loan and Trust Com
pany contends that it is entitled to have
the amount due of the promissory notes re-
ferred to, 100000 with interest, adjudged
to be an equitable lien on the one-half un-
divided interest in and to so much of the
real estate conveyed by the deed from
FANNIE A. Moore to Waggaman and
Rfdout, trustees. as remains unsold and un-
conveyed by them to purchasers of record
IN fee simple, and to have the same sold
under decree Of the court for the payment
OF the notes. with interest.
In addition the Washington Loan and
Trust Company asserts that it is entitled to
have such equitable lien adjudged to take
priority over the claims of any creditors Of
Thomas E. Waggaman, as also over any
claim Of H. Rozier Dulany. as trustee in
bankruptcy, II any such claims or claim
should be set up.
The complainant Is represented by Attor-
neys William F. Mattingly, John B. Larner
and Arthur Peter.