The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-09-23
Legal Notices.
ORDER or QUALIFICATIONS.

John Kirk and others August 18th 1854.
The object of this suits to procure Decree
for sale of certain morieagcd premises in Ce.
Gil county which were mort gagged on the fourth
of January eighteen hundred and fifty three
by John Kirk TO Dclaplain Mcdaniel and Ed
mund \. Harvey.
The original ana amended Bills filed in This
cause state that on the fourth Of January
1853 the said John Kirk conveyed two par
GELS of land in Cecil county which are parlc-
ularily deScrib d in the BIZ and its accompa-
nying exhibits, unto the said Dplaplaln Nc.
Daniel and Edmund \. Harvey by way of
Mortgage. to secure the payment Of six Hun
bred 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. OIL the twenty fourth Of October eigh-
teen Hundred and fortysit conveyed one Of
the same parcels Of land above mentioned, to
Joseph Roman, Dr., 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
the 10th Of October SD assigned his inter.
est in said Mortgage. for valuable consider
alton to one James Evans who now holds the
same, that the amount now due on said Mort
gage is unknown to the complainantS.
That the said John Kirk on the l3th 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
. b., ..,,1 f,1,,
Kirk by his Dce bearing da.e 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 sunday 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 10Th day of July 1852
for valuable consideration assigned his in
tcrcst in said Mortgage to Savilla +. Black,
Rrbecca j. Ferguson and ConSantia +. Black,
who now reside in New Castle county in the
State of Delaware or elsewhere, beyond the
jurisdiction of this Honorable Court. And
the said original and amended Bills further
state. that the sun of money due Oh the
Mortgage given by the said John Kirk to the
said 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 embraced III the
Mortgages given by the said Kirk to the said
Delaplain McDand and Edmund A.. Harvey.
OF to the said Joseph Roman, Jr.. that unlc is
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
land, embraced in their Mortgage, but not EN-
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 AMI amended, 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 resi- ective mort
lagos; 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 neccs-
sary for the purpose, be sold i'll separate par
cells, for the payment of the mortgage debts
named in this Bill. That the said James
Evans may be first paid the amount due him,
,if any, cut 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 NOR, gage
originally given by Levi Tyson by reason of
the assignment to them from the said Tyson
may be compelled to resort for the pay ment
of the debt or such part thereof as may be UNI
paid, first to the proceeds of such part or
parts of said lands as are not embraced in
the after mortgage to the compartments and
that only the residue of the debt, if there BE-
residue, be paid out OF of the proceeds of
those parts of said lands mortgaged as afore-
said to said complainants, and that the said
complainautS may, as far as possible have the
benefit of the proceeds arising from the sale
of the lands herein before mentioned as i'll
cludcd in the Mortgage, and that they may
have such further relief as thrir case may re.
quirc, and that an order of publication may
be granted for the nonresident rcftndrntS,
and writ Of subpoena Cor such rs reside in
Maryland.
1t is thcrcupon adjudgcd and ordered that
the Com lainants by causing copy of this
order to be inserted in some new spapcr pub
liShcl at Elkton once a week for one month
before the First day of October next, give
notice to the said absent defendants of the OBJ
iect and substance Of this Bill: and warn
them to appear in this court in person Or by
solicitor, on or before the First day of January
next, to answer the premises and show cause
if any they have, why decree ought not TO
pass as prayed.
II. ii. MITCHELL, elk.
True Copy, Test
IL. Ii. MITCHELL,
August %, 1854 I'm Clerk.