The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-21

Ignatius w. Gardiner vs. William Fletcher, Matil-
da Mudd, Mary A. Mudd, Harriet Mudd, and
others.
In Charles county court, sitting as court Of equi-
ty, June term, l645.
TINE object of the bill fled in this cause, is to OBJ
i tain q decree appointing trustee to make
deed TO the complainant for the land mentioned in
the bill Of complaint. The bill states that Roswell
Mudd late Of the State of Maryland, died seised
and possessed of the foowingnamed tracts, pieces,
or parcels Of the land situate, lying, and being in
Charles county, State of Maryland to wit: part of
"Wright's Forest" ''Mudds Purchase" and part
Of "Poor Chance" containing two hundred and
twenythree acres three roods, and eleven perches;
that said Roswell had living, at his death, three
daugh,ers-Matilda Mudd, Mary Ann Mudd, and
Harriet Mudd; and that said children, living,
side in some one of the western States, in parts
known to the complainant that some time about the
18th Of July, 1917, they made and executed letter
or power OF attorney, authorizing Benedict Mudd,
of Charles county, Maryland to sell said land and,
in pursuance thereof, he made contract Of sale
with William Fletcher, who now resides in Prince
Georges county, in the State aforesaid; and that
said Fletcher paid said Mudd large portion of the
purchase-money.
The bill further states, that after said contract,
one lsadore Gardner, Of the county and State
last aforesaid, was empowered to close said con-
tract; and that he united with said Benedict Mudd
in bond of conveyance, or paper writing, condi-
toned for the execution of good and sufficient
deed to Fletcher, on payment of the whole of the
purchase money; that some time afterwards, Fetch
err, for valuable consideration assigned said bond to
Francis Beaver, of the county and State afore-
said; and that Beaver paid to Nathaniel Mudd, adj
ministrator of Benedict Mudd, the balance due
said land and then, for valuable consideration,
signed said bond to the complainant.
The bill further states, that the complainant is
ready and anxious to pay up the balance to the
proper representatives of Beaver, soon as he can
obtain Decd but that he has been unable to find the
power of attorney under which the land was sold
The bill also states that Francis Beaver and his
wife have since departed this life leaving Rosetta
Beaver intermarred with Henry Penn, and Henri
eta intermarried with John F. PENN and that Hen
rietta has since died. leaving one child, Noble l..
Penn; that said Francis Beaver also left two sons
William w. Beaver, and Thomas N. Beaver; that
Thomas N. Beaver and Noble L. Penn are minors,
under the age Of twenty-one years, and prays SUBJ
pGnas to issue to said minors
1t is thereupon, this 18th day Of June, lS45, adj
judged and ordered that the complainant, by causing
a copy Of this order to be inserted in newspaper
printed and published in the District of Columbia,
once week for six successive weeks, before the
third Monday Of March, 1886, next, give notice to
the said absent defendants Of the object and SUBJ
stance of ths BILL and warn them to be and appear
in this court, in person or by solicitor, or before
the said third Monday of March next, to answer
the premises, and show cause, if any they have,
why decree should not pass as prayed; other
wise, as to them, the same will be taken pro con-
tesso
CLEMENT DORSEY.
June l6, 1645.
WALTER MITCHELL,
Clerk Charles County Court.
july IO--lawfw