The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-09-09
OuDER OF PUBLICATION

ORDER OF PUBLICATKOx.
Delaplain McDahiel and J.. CIRCUIT Court for
Edmund A. Harvey /. ;: Cecil county in
john ETK and:ssbeTss: Fl duEnst: ASIA 1854:
! The object ofthis suits to procnrea Decrse
tor sale Of certain norigsEsd premises in &c:
ell county which were inortgaged on the fourth
bf january eighteen hundred and: fiftyethrcc
by. John Kirk 10 Iarlaplain Mcdaniel and Ed |
mumt A, Harvey. u: ~ :t,.s-
! The original and amended Pills filed in this
cause state that on the fourth Of January
1853 the said John Kirk conveyed two par
cells of land in Cecil county which are partic-
ularily described in the Bill and its acco,npa-
nying exhibits, unto the said Dclaplain 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. aud :. that said Mortgage,
debt, principal and interest is still unpaid.
That the said John Xix had prior to cxccu-
ting the above named Mortgage decd, that is
to say, on the twenty fourth of October ciSh-
teen Hundred and forty six, conveyed one of
Inscph Roman, Jr., by 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
TIE 10th of October 1919 assigned his inter
est in said Mortgage, for available consider
alton to one James Evans who now holds the
same, that the amount now due on said Mort
gage is unknown to the compliments.
That the said John Kirk on the 18th of
ind all. tod p,,tn /
Tyson gave to the said Tysophis Bond in the
penalty of Two Thousand Dollars, condition
cd 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 Decd bvaring date the said 18th
Of April 1852, conveyed to the said Levi Ty-
son by way of Mortgage the parcels 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, and that the said Levi Tyson after
| wards, to wit. on the 18th day ofJuly 1852
for valuable consideration assigned his in
tercst in said Mortgage TO Savilla H. Black,
llcbccca j. Ferguson and Constantine +. Black,
who now reside in New Castle county in the
State of Delaware or elsewhere, beyond the
jurisdiction of Ills Honorable 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
said Levi Tyson, and by him afterwards as
signed as above mentioned, is amply secured
by those parcels Of land covered by said
Mortgage, but which are not embraced in the
Mortgages given by the said Kirk to the said
Dclaplain Mcdaniel and Edmund a. Harvey
or to the said Joseph Roman, Jr., that unless
the parties holding the aforesaid Mortgage by
virtue of the assignment from the said Levi
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 cm-
braccd in the other Mortgages above named,
that the said Dclaplain Mcdaniel and Ed.
mund \. Harvey will he in great danger OF
losing their Mortgage debt.
The said bills, original and amcndcd, then
pray that the several defendants holding
mortgages as aforesaid may answer. under
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 lands
embraced in the mortgages aforesaid, or either
Of them, or so much thereof as may be neces
sary for the purpose, &c sold, in separate par.
cells, for the payment Of the mortgage debts
named in this Bin That the said James
Evans may he first paid the amount due him
(if 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 mortgag,
originally given by Levi Tyson by reason o
the assignment to them from the said Tyson
may be compelled to resort for the paymen
of the debt or such part thereof as 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, an,
that only the residue of the debt, if there w
residue, be paid, out o: of the proceeds o
those parts of said lands mortgagcd as afore
>. said to said compliments, and that the SAT-
complainants may, as far as possible have tn
benefit of the proceeds arising from the sal
of the lands herein before mentioned as in
cludcd in the Mortgage, and that they ma,
have such further relief as their case may re
quirc, and that an order Of publication ina,
be granted for the nonresident Defendants
and writ of subpoena for such as reside il
Maryland. sr.s..
1t is thcrcupon adjudgoi and ordered tina
the Compliments by causing copy Of thi
order to be inserted in some newspaper pub
liShcd at Elkton once week for one montl
before the First day of October next, Civ
) notice to the said absent defendants of the OF
ect and substance of this Dill: and war;
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 caus
if any they have, why adecrcc ought not t
pass as prayed. ,..
II. II. MITCHELL, elk.
True Copy, Test
- H. II. MITCHELL,