Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1916-07-14

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 a 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 a 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 $2l00. recorded
among said Land Records in Liber 228,
folio 800. securing three notes. two of
$500 each. now owned by the defendants,
Lille M. Offutt and Charles B. 0ffutt, 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. 247, 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, ID. c.,
and known as The Berkeley and Carrollton
Apartment Houses Nos 1875 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 a certain written agreement
with them and one William A. Faulkner
dated February 10. 1912. copy thereof,
marked Exhibit No. l, being filed with the
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
self and his associates, Mackall and Faux
ner. requested an advance of $250O from
the plaintiff. stating it was necessary to
save the property. which advance was ac-
cordingly 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 4. are filed
with the bill
That said sum Of $500 was advanced
by the plaintiff on April 26, 1912, as a
loan to the defendants. Craig. Mackall 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 per cent per annum, and
then agreed, as stated in said letter of
May !, 1912. 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 paw
ment OF said note as a charge thereon
subject only to encumbrances on said prop-
erty by first and second trusts in the sum
OF $4,000. The amount of said loan of
$500 remains unpaid and wholly due
and payable for the sum of S2744.7O due
and payable and unpaid. for principal and
interest due thereon, the defendants CRAIG
and Mackall made their two promssory
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
plaintiff 80 days after date 5000 with
interest at D per cent per annum until
paid. and by the other note they promised
to pay to the order of plaintiff on or be-
fore 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
hibits 5 and 6. And upon the further
representation made to this plaintiff by
letter from defendant. William A. Craig,
on behalf of himself and said Mackall. as
per exhibits and 8 filed with the bill,
TINS plaintiff consented to accept, and did
receive and 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 3, is filed with the bill.
whlch 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
TN. And thereupon the said William A.
Crale 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, ~ Bryant street. N. w., of which
ne then required and then obtained by
deed conveyance to his said wife, Ada
| W. Craig, in disregard of the rights of this
pialntit and IN violation of the express
agreement ana understanding as afore-
said. and soon thereafter said William A
Craig exchanged said Bryant street prop
erty Tor the tract Of land in MONTGOMERY
county. Maryland, first hereinbefore men
toned. for which Bryant street property
In ehecting said exchange. said William
A. Craig procured from his said wife deed
conveying said property to some person
whose name is unknown TO plaintiif. and
received the deed from Simpson and wifi.
herelnoefore mentioned. by which the title
10 SAID tract OF land was vested of record
IN SAID defendants CraigS as Joint tenants
ana Sald 10 De worth more than $4,000
by reference TO copy of letter from
defendant, VIM. A. Craig, exhibit 10 filed
with the BILL he now wrongfully asserts thai
he and his wife are 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 IN
this plaintiff, all the defendants, excepting
only the said William A. Craie. acted in
good faith, and this plaintiff. upon the
advice of counsel, charges that the said
william A. Craig is endeavoring to 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.
1t it, thereupon, this 9Th day of july. in
the year nineteen hundred and sixteen,
ordered oy the Circuit Court for Montgom-
cry county in Equity. that the plaintiff hv
causing cOpy of this ordar 10 ha ;,.. -