The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-12-30
NOTICE.,

Davis b. Casscday, Sa !
rah Jane Casseday James
Casseday, Jr, Ruth Anna
Casscday, infants. by In Cecil county
their next friend, Davis Circuit Court, in
b. Casseday. fEluity, Dcccm-
vs. Der 10Th, 1854.
Elisha Cass, V. Joseph
A. Casseday and Ruth
Casscday.
TEHIIE object Of this suit is to procure
Il decree for an account from the dctcn-
dants and especially from Joseph \. Casse-
day and Elish Casscday, for the proceeds OF
certain lands in Cecil county, Maryland,
owned by James Casscday in his lifetime.
and more particularly an account OF the pro-
ceeds Of the sales Of the crop OF peaches from
said lands in the year eighteen hundred and
fifty -iour, said to be about thirty thousand
baskets, and the sales thereof to have amount
ed to between thirty-thrcc and thirty-tour
thousand dollars. and also y decree that the
said Joseph n. Casseday and Elish C.,sscday
one or both of whom are stated to he in re-
ccipt of said money. Shall pay over the same.
or such part thereof, believed to be near or
about twenty-five thousand dollarS,) as may
remain after dcducting necessary expenses,
or such amount thereof as the court may de-
t.rmine should be paid, to the Attornies of
the attaching creditors in a certain deed Of
trust mentioned, which deed of trust is par
ticularly referred to in the Bill and to which
the said Joseph A. Casseday is a party. And
also decree or order that the proceeds Of
said farms and peach orchards may hereafter
be consigned to some proper person to be
appointed by said attaching creditors or by
Court who shall sell said proceeds and after
Il deduction OF the necessary expenses OF the
farms and orchards that the balances shall DC
applet by the Attorneys Of the attaching
creditors who have signed an agreement in the
deed of trust mentioned for the purposes
specified in said deed of trust until tho same
is fully complied with.
The bill states that james Casscday was in
his lifetime engaged in business as Il corn or
grain merchant, also in the wood business
| and in the peach business; that since about
1880 he and the said Joseph a. Casscday
were in partnership in the grain business
that they failed largely indebted, that part of
the property of james Casscday in Cecil
county was attached for the debts, that by
agreement judgment was entered on the at.
tachmcnis that deed of trust was made by
the said James Casseday his wife Ruth Cas-
| seday and Joseph A. Cassclay. though the
latter had no interest in the lands to John c.
Groomc and George Earle Es1rs., in trust
| for such attaching creditors rs Sig'el or
| might sign an agreement in said deed men
| toned, which deed provided that James
| Casscday should pay to the attornics of the
said attaching creditors SIC. 900 on the eighth
OF November in each year from 1852 till
1856 inclusive, failing which payment the
said estate under certain contingencies in the
| deed mentioned was to be sold by the Trustees
| that the instruments of 1852 and 1858 were
paid and that very shortly before last pay
ment James Cnss day died, that the COM
| plalnant Davis b. CaSSctlay uEdv rook the
| management of the Cecil property shortly
| thereafter that he cXcrtcd himself to the best
Of his ability for the benefit of all parties
concerned, that he forwarded to Joseph A.
Casscday about 10000 baskets Of peaches in
1851 which produced some S33, OG0 or $3i,-
900, that the said Joseph a. Casscday retus
cs to account for said money, that Il large
profit nearly or quite S25,OO0 remains in said
Jos y Casscday's hands that he has not paid
the same or any part thereof over to the At
| torncys Of the attaching creditors, as he
ought, on the Sth day Of November last, or at
any time since, that there is reason to be-
| lieve that he or the said Elisha Casscday or
both are applying said money to their own
uses or in improper ways, procuring other
parties to buy in claims with said monies and
holding the same for their own purposes and
nlisapplying the money in other ways in said
bill particularly specified. That said infants
and all parties concerned are likely to suffer
great damage thereby; that said proceeding
is in fraud of their the said Joseph and
Elislla's co-partncrs in the peach business
and tenants in common ofthe property in &C.
Gil, that on account of the failure by said par
ties to pay over said money certain of the
creditors claim the right to make immediate
sale Of the Cecil land so as above conveyed
in trust; that if the same is done an estate in
Ohio will also have to he sold to pay said
debts ofgames Casseday 4 Son, and the in
fants left pennileSs; that the rights of said
parties and particularly of the infants, should
be protected here; that said Joseph and Eli
sha have no property elsewhere by which a
decree procured could be made effective a
gainst them, that it is only here that the
court can reach the proceeds OF the property
and protect the parties. That the Patterson
property in Cecil was unattached and in part
unpaid for, that there is reason to think the
said Jose phi and Elisha are using this money
belonging to attaching creditors to cXtnguish
the liens both upon it and certain property in
Clermont county, Ohio, so as to svem nd-
vanccs ont of their private funds in order to
give them some pretended claim thereon
That the said Davis Is. Casseday is ready,
willing and DESTROYS to account to all parties
Interested and to the creditors for all his re-
ccpts and expenditures. And that the said
Ruth Casseday, Elisha Casseday and Joseph
A. Casscday reside out of the State Of Mary
land. .....
1t is thercupon adjudgcd and ordered, that
the complainints 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 February next, give
notice to the said absent defendants of the
object and substance of this bill, and warn
them to appear in this court in person or by
solicitor, on or before the second day of May
next, to answer the premises and shcw cause
if any they have, why decree ought not to
pass as prayed.
III. II. MITCHELL, Clerk.
True copy. Test
..arr ri. II. MITCHELL,