Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1924-06-13


ington Utilities Company. Defendants.
In the Circuit Court for MONTGOMERY county
Maryland. as a Court of Equity. No,
425S Equity
The object of this suit is to procure a
decree for the sale Of certain property in
Montgomery county. in the State of Mary
land, and being all in all manner of fran
chises of every kind and description, how
ever derived. and all and all manner of real
estate and interest therein, and the cars
and equipment. and all and all manner of
mixed and personal property used and
appropriated or designed to be used or
appropriated for operating and maintain
ing the railway and its appurtenances of
The Washington and Great Falls Railway
and Power Company, which was conveyed
by The Washington and Great Falls Rail-
way and Power Company to the Fidelity
Trust Company, Trustee. to secure bond
issue Of Ave hundred thousand dollars,
The bill states that on the eleventh day
Of December. in the year nineteen hundred
and twelve. The Washington and Great
Falls Railway and Power Company exc
cuted and delivered to the Fidelity Trust
Company first mortgage or deed of trust
which Is duly recorded among the Land
Records of said Montgomery county, in
the State of Maryland. in Liber number
232, folio 3l4, ETC., certain real estate,
franchises, cars and equipment. mixed and
personal property, used and appropriated
for operating and maintaining a railway
and all appurtenances, whatever nature or
description the same may be and particu-
a RIxEA nan had Ia said &c
certified copy of which is filed with the
bill of complaint. marked Exhibit num-
Der one"
That said deed of trust or mortgage was
made to secure the payment of both prin-
cipal and interest as the same matured
Of an authorized issue of bonds of the
mortgasor company Of the aggregate par
value Of five hundred thousand dollars,
consisting Of Ave hundred bonds of the
par value Of one thousand dollars each,
all Of said bonds bearing date on the
second day Of December, In the year nine
teen hundred and twelve. and maturing
on the first day of December, In the year
nineteen hundred and thirty-seven, and
bearing interest In the mean time at the
rate Of five per centum per annum. payable
in equal semi-annual installments on the
first day Of June and December in each
year, and all OF said bonds were negotiated
by said morteagor company and all are
now outstanding In the hands of the holder
thereof
That by the terms of said deed of trust or
mortgage the mortgagoF company cove
nanted to pay the principal and interest of
said bonds as the same became due and
payable and to pay all taxes and assess
ments and insurance, etc, on said property.
and In case Of any default of any pay
ment Of any interest or any bonds issued
and secured by said deed OF trust or mort
gage, and II such default shall have con-
tinued for period Of six months or default
shall be made In due observance or per-
Torrance OF any other covenant or condi-
ton contained In said deed of trust or
mortgage, any such last mentioned default
shall have continued for a period of six
months after written notice thereof to the
mortgagor company from the plaintiff or
from the holders Of five per cent in amount
of the bonds secured. upon any such de-
fault the plaintiff may proceed to protect |
and enforce his rights and the rights of |
the bond holders under said deed of trust
or mortgage by suits or suits In equity or
law.
That the defendant, The Washington
and Great Falls Railway and Power Com
pany has made default in the payment OF
interest on said bonds In that 1t has failed
TO pay the installment OF said interest
maturing the first day OF June, In the year
nineteen hundred and eighteen. and has
failed to pay every installment Of said
interest maturing since said first day of |
June, in the year nineteen hundred and |
eighteen, and In the the payment of taxes. |
And In permitting large portions OF said |
property conveyed by said deed Of trust or
mortgage TO be sold for taxes and which had |
TO be redeemed by said bond holders.
That the defendant. The Washington
and Great Falls Railway and Power Com
pany was unable to pay its operating
expenses from It's receipts and In Feb
ruary. in the year nineteen hundred and
twenty. ceased TO operate said railroad.
And that the holders of twenty-five per
cent In amount Of the bonds secured by
said deed of trust or mortgage have re-
quested In writing that the plaintiff take
steps to enforce their ghts.
That the defendant, The Washington
Utilities Company. for valid considera-
ton to IL paid agreed by said deed OF trust
or mortgage to guarantee the lawful hold
ers Of said bonds the principal and interest
thereof.
That the defendant, The Washington
and Great Falls Railway and Power Com
pany. Is q corporation, duly incorporated
under the laws Of the State OF Maryland,
and neither the president nor any directors,
officers or agents upon whom process may
be served reside In the State Of Maryland,
and the defendant. The Washington Utili-
ties Company. Is a corporation. duly incor-
porated under the laws OF the State OF
Virginia, and Is nonresident Of the State
Of Maryland.
II 10 thereupon this 28th day Of May,
A. d. 1924. by the Circuit Court for Mont
gomery county. In Equity. ordered that the
plaintiff by causing copy OF this order TO
be inserted In some newspaper published
in said Montgomery county. once In each
Of four successive weeks before the 9th
day OF July. A. D. 1924. give notice 20 the
defendant, The Washington and Great Falls
Railway and Power Company. corpora
ton. duly Incorporated under the laws OF
the State Of Maryland, and having neither
the president nor any directors, officers or
agents upon whom process may be served |
in the State Of Maryland. and to the de- |
PENDANT. The Washington Utilities Com |
pany. a corporation. duly Incorporated un- |
der the laws OF the State Of Virginia, and a
nonresident Of the State OF Maryland. of
the object and substance Of this bill.
warning them to appear In this Court In
person, or by solicitor. on or before the 3lst
day Of July, A. D. 1924, to show cause, II
any they have, why decree ought not
to be passed as prayed.
GLENN II. WORTHlNGTON, Judge
Circuit Court for Montgomery county
True copy-Test:
PRESTON b. RAY.
Clerk