The Republican. [volume] (Oakland, Md.) 1877-current, 1923-01-18
Law Offices of Horace P. Whitworth, Western
port, Maryland.
Order of Publication.

trust company OF Bhnadeiphia, a corpora
ton, Trustee; Franklin Trust Company of
Philadelphia, a corporation, Trustee, De-
PENDANTS.
No. 24i7 Equity. Circuit Court for Garrett
County, Maryland.
The object of this suit is to procure a de-
cree for the sale of certain property in Gar
rett County, State of Maryland, which was
mortgaged by The Three Forks Coal and Coke
Company of Garrett County, corpo alton
of the State of Maryland. by bond mortgage
in the form Of deed Of trust to CoMner-
cal Trust Company of Phiiadelphia, cor
poratiOn, as Trustee, which deed of trust was
dated October 10. 1905, and given to secure
a certain issue of bonds by said Three Forks
Coal and Coke Company of Garrett County,
for the amount of eighty thousand dollars,
and which bonds were for the sum Of $4,000
each, payable in gold coin, dated October l,
1906, and payable on the first day of Octo-
Der, 1921, bearing 4 per cent interest, paya-
bic semi-annually on the first day of April
and October of each year the presentation
and surrender of the couponst thereunto an
neXed.
The Bill states that it IS filed in behalf OF
Louisa Beckman, George HI Beckman and
John b. White, who are now the owners
altogether of fourteen thousand dollars, par
value Of said Three Forks Coal and Coke
Company of Garrett County, first mortgage,
four per cent, fifteen year gold bonds and in
behalf of all other owners Of said bonds who
viii come in and contribute to the expense
of this suit. That all Of said bonds owned
by them are past due and remain unpaid.
That on October 10, 1906. the said Three
Forks Coal and Coke Company of Garrett
County. Maryland, corporation, duly incor-
porated under the laws OF the State of Mary
land, executed a certain deed Of trust to Com
mercial Trust Company Of the City of Phila-
deiphia, . corporation created by and exist
lnT under the laws Of the stat of pgnnsyl-
vania, as Trustee, to secure a ccrt,in issue
Of bonds, for the amount Of eighty thousand
dollars, which bonds were for the sum of five
hundred dollars each. payable in gold coin
dated the first day Of Oct5ber. 1906 payable
on the first day Of October. 1921. bearing four
per cent interest payable semi-Gnnualy. on
| the first day Of April and October of each
year. on the presentation and surrender Of
the coupons thereunto annexed. That said
deed of trust being in the nature Of a bond
mortgage, conveyed unto the said Trust e
therein large tracts Of land, coal, m2chin-
cry and other property therein described and
situated in Garrett County. Maryland as
security for the prompt payment of said
bonds, and the interest due thereon, as the
| same became due and dem anda6le. Ger
t.led copy of said deed Of trust is fled with
The bill marked EXHIBIT a"
That TIE sad Three Forks Coal and Coke
| Company Of Garrett County, after the e,.-
ecuto3 Of the aforementioned deed of trust
or bond mortgage, to--it: On the 1ith day
q February; 1905. by. deed recorded in Liber
7 p, n. l., No. 55, folio 49, Of the Land
Grant and convey all OF tre properly de.
acribed IN the said deed OF trust fled here
With as Exhibit "a" unto Three Forks Coal
MINING Company. a corporation, incorporates
unde" the laws Of the Stat- OF Delaware, sub
ject, nevertheless to the lien Of said deed Of
ia1,, gnat suo5,Sqqeent'y: to--vt:: On the
l"th day Of ADr2l. 1912, in proceedings known
As No llS2 Equity, in TIE Circuit Court for
Garrett County, Marylana the said property
, was sold 70 Franklin Trust Company, subject
20 me prior hen OF the bona mortgage held
by the Commercial Trust Company herein
before mentioned. The decd for same hav-
ing neeN executed by Frank c. Reynolds
tfRst@e' 2nd recorded in Liacr f. T. r., No
g. folio 40. Of the Land Records Of Garrett
county MARYLAND; that on March &c. 1913
me SAID FRANKLIN Trust Company coaveye !
sgd property to Ch7ffee Coal Company. a
New Jersey corporation, which deed is re.
corded IN Liber p, z. T, No. &C, folio 173
Stc.' Of the Land Records of Garrett County.
Maryland the sad conveyance and title be
ing subject 70 the bond mortgsgc or deed Of
! LiCsG lied herein as E%oihit "A" That on
2PrI 70, 1920, the ChaFee Coal Company
Ge2eed SAID property a well as other prop
critics owned by it, to the Manor Coal Com
pany. which deed IS recorded in Liber f. z
H. NO; n, folio 591, etc. and subject to the
zen Of the deed Of trust herewith fled as
GHhibit ~ That the said The Manor Coal
| Company has placed two liens on the prop
crty originally owned hy the Three Forks
and covered by the lien of the deed of trust
filed herein as Exhibit "a" enc dated MAJ
!, 1920, to secure an issue cf bonds to the
amount Of two hundred and SIX thousand
eIEht hundred dollars, and the other dated
May ?. 1920 to secure an issue Of bonds, to
me amount OF eighty-nine thousand two hun
bred dollars, said bond mortgages being re
corded respectively is Liber F. z. r. NJ,
*, folio Isl. and in Lher f. z. T.. No o.
folio 175. Of the Land Records Of Garrett
County, Maryland. That so far rs the plain
tits in this case are informed, these lat two
described bond MORTGAGES each Of which is
made to Franklin Trust Company of Phi1a
daphia. corporation. Trustee is an ont
standing and existing lien against all the
property described in said deed of trust from
Three Forks Coal and Coke Company of Gar
rett County to Commercial Trust Company of
Philadelphia, Trustee and filed herein as Fy
hibit "a but each is a snbsegveat lien fo
that created by said Exhibit "A" Comics
of each of said deeds and bond mortgages will
be filed with the Bill of Complaint and maIe
a part thereof if required by this Court,
That the par value of each of said Bonds
owned by the plaintiffs in This case ana +ba
interest accruing thereof stl remains due due
and owing to the plaintiffs, although tba
time provided for the payment thereof. by
the terms of said bonds, and the conditions
Of said deed of trust. has long since passed
and payment thereof has been duly demanded
by the plaintiffs from the said the Tire
Forks Coal and Coke Company of Garrett
County The Manor Coal Company and from
the Commercial Trust Company of Philadei-
phia, the Trustee in said desd of trust So
curing said bonds
That after the time for the payment of
said bonds and when they were past due
and default had been maze in the payment