The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-08-26
ORnER OF PUBLyCATyOy.

Dciaplalh hCpaiiici ahu CliouiI NouTt LOT
Edmund A. Harvey Cecil county in
VS.. f., Chanccry.
John Kirk and Others 9, August 25,h 1854.
The object of this Suits TO procure Decree
for a sale Of certain mortsagcd premises in &C.
Gil county which were mortgagcd on the fourth
Of january eighteen hundred and fifty
by John Kirk TO Dclaplain Mcdaniel and Ed
mund a. Harvey.
The original and amended Bills fled in this
cause state that OH the fourth of January
1858 the said John Kirk conveyed two par
cells Of land in Cecil county which arc partic-
ulariIy described in the Bill and its accompa-
nving exhibits, unto the said Dtlaplain Nc
Daniel and Edmund A. Harvey by way of
Mortgage, to secure the payment Of six Hun
drcd and sixty seven Dollars and seventy
two cents. with interest thereon from date
of said Mortgage, and that said Mortgage,
debt, Principal and interest is still unpaid.
That the said John Kirk had prior to cxecu-
ting the above named Mortgage decd, that is
to say, On the twenty fourth of October eigh-
teen Hundred and forty-six, conveyed one Of
the same parcels of land above mentioned, to
Joseph Roman, Jr., Ivy way Of Mortgage to
secure the payment of Five Hundred Dollars,
with interest thereon, due and owing from
the said John Kirk to the said Joseph Roman
Jr., and that the said Joseph Roman Jr.. on
the 10th of October 1919 assigned his inter-
est in said Mortgage, for q valuable consider
alton to one James Evans who now holds the
same, that the amount row due on said Mort
gage is unknown to the compliments.
That the said John Kirk on the 18th of
April 1852, being indebted unto one Levi
Tyson gave to the said Tyson his Bond in the
penalty of Two Thousand Dollars, condition
ed for the payment of One thousand dollars,
with interest thereon, and intending to secure
the payment of said Bond. the said John
Kirk by his Deed bearing date tho said 18Th
of April 1852. conveyed to the said Levi Ty-
son by way of Mortgage the par els of land
mentioned in the first mortgage above ma
med, and also sundry other lots, tracts, parts
of tracts or parcels Of land in Cecil county
aforesaid, ana that no said Levi Tyson after
wards, to wit. on the 10Th day ofJuly 1882
for valuable consideration assigned his in
ttrcst in said Mortgage TO Savilla F.. Black
Rcbccca j. Ferguson and Constantine T. Black,
who now reside in New Castle county in the
State of Delaware or elsewhere beyond the
jurisdiction of I'll Homo: able Court And
the said original and amended Bills further
state. that the sum of money due on the
Mortgage given by the said John Kirk to the
sald Levi Tyson, and by him afterwards as.
signed rs above mentioned, is amply secured
by those parcels of land covered by said
Mortgage, but which are not embrace in the
Mortgage given by the said Kirk to the said
Dclarlain Ne Daniel and Edmund 4. Harvey
OF to the said Joseph Roman, Dr., that unlc is
the parties holding the aforesaid Mortgage by
<rtil If tl,,,n
Tyson be compelled to resort for the payment
of the claim to those parts or parcels Of said
lands embraced in their Nor gage, but not EN-
braccd in the other Mortgages above named,
that the said Dcaplain Mcdaniel and Ed
mund ~ Harvey will be in great danger OF
losing their Mortgage q bit.
The said b lis, nrigi,;l nd ,mcnaed thcr
pray that the several defendants holding
mortgages as aforesaid may answer. un'lrl
oath. the several matters and things stated in
said bills, showing the amount of principal
and interest now due on their respective mort.
cages; and that the said John Kirk may also
answer the said Bills, and that all the land,
embraced in the mortgages aforesaid or thel
of them, or 50 much thereof as may be neccs
sary for the purpose, he sold, in separate par
GELS, for the payment of the mortgage debts
named in this Bill. That the said Jamc,
Evans may be first paid the amount due him
Of ANY, out of the proceeds of that part Of
said lands on which he holds a mortgage by
virtue of the assignment aforesaid from JOSEPH
Roman, Jr.
And that the parties holding the mort gag,
originally given by Levi Tyson by reason Of
the assignment to them from the said Tyson
may be complied toresort for the payment
of the debt or such part thereof rs may be un.
paid, first to the proceeds of such part OF
parts of said lands as are not embraced il
the after mortgage to the complainants anc
that only the residue of the debt, if there be
a residue, be paid out OF of the proceeds OF
those parts of said lands mortgaged as aforc
said to said compliments, and that the sale
complainants may, as far as possible have tn,
benefit of the proceeds arising from the SALE
Of the lands herein before mentioned as in
rluded in the Mortgage and IT, they may
have such further rcllct as their case may re
quirc, and that an order of publication may
be granted for the nonresident DEPENDENTS
and writ of subpoena ror such as reside il
Maryland.
1t is thcrcupon adjudgcd and ordered that
the Compliments by causing copy of this
order to be inserted in some newspaper pub
lishcd at Elkton once week for one month
before the First day of October next, give
notice to the said absent defendants of the Oh
iect and substance of this Bill: and warn
them to appear in this court in person or b,
solicitor, on or before the First day of Januar,
next, to answer the premises and show cause
if any they have, why decree ought not to
pass as prayel.
II. II. MITCHELL, ok.
True Copy, Test
II. II. MITCHELL,