Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1916-07-21

In the Circuit Court for Montgomery county,
as a Court of Equity. No. 3278 Equity.
The object of this suit is to procure a
decree against William A. Craig and Ada
W. Craig, his wife, declaring that they hold
the lands described in the bill in trust for
Joseph Swift, the plaintiff, the bill stating
in substance, as follows:
That the plaintiff is resident of the
State of Delaware that all of the defend
ants are residents of this State, except
Henry c. Mackall. who is a resident of the
State of Virginia; William A. Faulkner,
who is resident of the State of Califor-
mia. and Seth A. Terry, who is a resident
of the District of Columbia.
That the plaintiff hereby seeks to main
tain and secure his interest in that certain
tract of land situate in Montgomery county,
Maryland, containing "a So acres, being
part OF tract called "Carderock," and
being the same lands described in deed
from Walter B. Simpson and wife, dated
December 2. 1914, and recorded among the
Land Records of said Montgomery county
That said land is subject to two trusts,
namely first trust of S2lOO, recorded
among said Land Records in Liber 22S.
folio 800. securing three notes. two of
$500 each. now owned by the defendants,
Lille M. Offutt and Charles B. Offutt, re-
spectively. and one of $500 now owned
by defendant. James William Graft. The
second trust is for $1,000. recorded in said
Land Records in Liber No. PAT, folio 81.
and payable to defendant, Seth A. Terry.
That during the month of February, 1912,
the plaintiff was the owner of valuable
real estate situate in Washington, d. c.,
and known as The Berkeley and Carrollton
Apartment Houses, Nos. 1885 and 1897
Willard street, N. W. The defendants,
William A. Craig and Henry C. Mackall,
were then engaged in the real estate
business in said city. representing them
selves to the public as prepared and COM
petent to care for the interest of such
owners OF real estate, and relying upon
such representations and at their request
and upon their advice. the plaintiff en-
tered into certain written agreement
with them and one William A. Faulkner,
dated February IL. 1912, copy thereof,
bill, and the plaintiff, at their request and
relying upon said representations, and in
pursuance of said agreement, thereupon
by deed placed said real estate under their
control for conveyance as they requested.
The said William A. Craig, who then took
charge OF said real estate. acting for him
sell and his associates. Mackall and Faulk-
ner, requested an advance of $2500 from
the plaintiff, stating it was necessary to
save the property, which advance was ac-
c0rdingly made by plaintiff, relying upon
the representations made by said Craig in
his letters to the plaintiff, copies of which.
marked Exhibits Nos 2. 3 and A, are filed
with the bill.
That said sum of $500 was advanced
by the plaintiff on April 20, 1912, as a
loan to the defendants, Craig, Mackal and
Faulkner, for which sum they then made
their joint and several notes, payable TO
the order of plaintiff, with interest thereon
at the rate of 9 per cent. per annum, and
then agreed, as stated in said letter of
May !, 1917, as one of the conditions of
SAID loan. that upon any sale or trade of
said property by them the proceeds of such
sale or trade should be applied to the pay
ment OF SAID note as charge thereon
subject only to encumbrances on said prop
erty by hrst and second trusts in the sum
OF SZ6.OOO. The amount of said loan of
$500 remains unpaid and wholly dine
and payable for the sum of S2744. 10 due
and payable and unpaid, for principal and
interest due thereon, the defendants Craig
and Mackall made their two promissory
notes. each dated March goth. 1914, payable
to the order OF plaintiff. by one of which said
notes they promised to pay to the order of
plalntl1 9U days after date $l3070 with
interest at D per cent. per annum until
paid, and by the other note they promised
10 pay to the order Of plaintiff on or be-
lore one year after date $26l4 with in
terest at per cent. per annum until paid.
Payment OF said notes has been duly de-
manded. but the said makers thereof have
wholly failed to pay the same. Copies of
SAID notes are filed with the bills as ex-
hlbits 5 and 9. And upon the further
representation made to this plaintiff by
letter from defendant, William A. Craie.
on behalf of himself and said Mackall, as
per exhibits and filed with the bill.
TINS plaintiff consented to accept, and did
receive ana accept as security for the pay
ment OF said Indebtedness due him from
said defendants. the real estate described
in the deed from Charles B. Craig. called
the Chevy Chase property, a COPY of which
deed, as exhibit g. is filed with the hill
which said real estate was thereafter by
TINS plaintiff conveyed to the said William
A. Craig, at the suggestion and request of
SAID William A. Craig for the convenience
In dealing with the same. but upon the ex-
press agreement and understanding that
Whatever property should be taken in ex-
change for said Chevy Chase property
should be taken in the name of this plain
till. And thereupon the said William A.
Craig made an exchange of said Chevy
Chase property, which he then by deed
conveyed TO some person. whose name is
unknown to the plaintiff, for certain other
property. consisting of a certain parcel of
real estate in Washington, d. c., and known
as No. 40 Bryant street, N w., of which
he then required and then obtained by
deed conveyance to his said wife, Ada
W. Craig, in disregard of the rights of this
plaintih and in violation of the express
agreement and understanding as afore
SAID ana soon thereafter said William A.
Orale exchanged said Bryant street prop
erly lor the tract OF land in MONTGOMERY
county, Maryland. first hereinbefore men,
toned, for which Bryant street nronar,v
in effecting said exchange, said William
A. Craig procured from his said wife deed
conveying said property to some person
whose name is unknown to plaintiff. and
received the deed from Simpson and wife
hereln0eiore mentioned, by which the title
70 SAID tract OF land was vested of record
IN SAID defendants Craigs as Joint tenants
and said to be worth more than $4,000.
py reference TO copy of letter from
defendant. VIM. A. Craig. exhibit 10 filed
with the bill, he now wrongfully asserts that
he and his wife fare the owners of said
tract OF land in said Montgomery county.
in their own right, as joint tenants, which
is in utter disregard of his duty and in
violation of said understanding and agree.
ment aforesaid.
That in and about the several trans
actions aforesaid, so far as is known to
this plaintiff, all the defendants. excepting
only the said William A. Craig. acted in
good faith, and this plaintiff, upon the
advice Of counsel. CHARGES that the said
William A. Craig is endeavorinp 10 avoid
the duties and trusts assumed by him
and that this plaintiff is entitled to relief
herein.
The bill prays for relief and for proper
process.
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