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THE CAPE SABLE COMPANY'S CASE. 609
of the state of the concerns in lieu of furnishing that account,
wrote to a practising attorney of Anne Arundel county, as follows:
'I hereby authorize Alexander Contee Magruder, Esq. to appear to
a suit to be docketed in Anne Arundel County Court, in the name
of Robert and John Oliver on the within Nar. and to confess judg-
ment thereon. Baltimore, 29th Nov'r, 1822. Richard Caton,
Pres'd't of the A. & Copp's Co. of Cape Sable. ' In virtue of
this authority, the following note was made. 'Enter my appear-
ance for deft and a judgment as above. A. C. Magruder', for
deft. ' In virtue of this authority, on the 9th December, 1822,
at the adjourned October term, a suit was docketed as follows:
'Robert Oliver and John Oliver vs. The Cape Sable Company.
Case Nar. Docketed by consent. Errors released. Judgment
for $30, 000 cur't money, damages and costs. To be released on
payment of f 17, 000, cur. money, with interest thereon from the
20th day of February, 1822, and costs. ' No account was filed in
the cause; and all the authority for the jugdment is as disclosed.
Immediately on obtaining a judgment, a fieri facias issued; and
the whole property of the company, real and personal, is taken in
execution; and on the 14th of the same December advertised by
the sheriff to be sold on the 6th of January then ensuing, for cash.
On the 4th of January, two days previous to the time fixed on
for the sale, the present bill was filed, which states the facts here
related; and that no notice of the demand was given to your ora-
tors who represent the interest of John Gibson, who was entitled
to one-third of the stock of the company; no opportunity was
offered them of contesting it; but in pursuance of an arrangement
entered into between Caton and the plaintiffs, the proceedings
mentioned took place. That at the time the judgment was given,
with such eager precipitation, the manufactories were carried on by
the company, yielded such great profits, that the debt, if really due,
would have been satisfied, if the usual course, which precedes the
obtension of judgments, had been pursued. The bill also states,
that Caton, combining and confederating with Robert and John
Oliver to injure and defraud, and with a view of placing beyond
their reach the property caused the judgment and proceedings.
To this bill, as well as the first, Richard Caton, against whom
such serious charges have been made, has not answered.
Robert and John Oliver, in their answer, admitting the judg-
ment, deny that in entering the said judgment there was any illegal
confederation or fraud on the part of those respondents, or as far
77 v. 3
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