The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-09-02
ORDER OF PUBLICATION.

OIkDEH OF TO 0AHCA 11UNs
Delaplain Mcdaniel and Circuit Court for
Edmund A. Harvey Cecil county in
vs. Chauccry.
John Kirk and others August o5tii 1864.
The object of this suits to procure Decree
for sale of certain mortgaged premises in &C.
Gil county which were mortgagcd on the fourth
Of January eighteen hundred and fifty:thrcc
by John Kirk to Dclaplain Mcdaniel and Ed
mund A. Harvey. 49,.
The original and amended Bills filed in This
cause state that on the fourth of january
1858 the said John Kirk conveyed two par
cells of land in Cecil county which are partic-
ularily described in the Bill and its accompa-
nying exhibits, unto the said .Dclaplan 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 cxccu-
ting the above named Mortgage decd, that is
to say, on the twenty fourth of October eigh-
teen Hundred and forty-siN, conveyed one of
the same parcels of land above mentioned, to
Joseph 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
tho 10th of October 1919 assigned his inter-
est in said Mortgage. for valuable consider
alton to one James Evans who now holds the
same, that the amount now ducOn 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 I'M crest thereon, and intending to secure
the payment of said Bond, the said John
Kirk by his Deed bearing 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 a valuable consideration assigned his in
tercst in said Mortgage to Savilla f. Black,
Rcbccca j. Ferguson and Constantia +. Black,
who nov 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 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 arc not embraced in the
Mortgages given by the said Kirk to the said
Dclaplain Mcdaniel and Edmund A. Harvey,
OF 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 Mortgage, but not elm
braced in the other Mortgages above named,
that the said Delapain Mcdaniel and Ed.
mund A. Harvey will be in great danger of
losing their Mortgage debt.
The said bills, original and 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 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 ncccs-
sary for the purpose, be sold, in 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,
Of any,) out of the proceeds of that part of
said lands on which he holds mortgage by
virtue of the assignment aforesaid from Joseph
Roman, Jr.
And that the parties holding the mortgage
originally given by Levi Tyson by reason of
the assignment to them from the said Tyson,
may he compelled to resort for the payment
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 complainants, and
that only the residue of the debt, il there be
residue, be paid, out OF Of the proceeds of
those parts of said lands mortgagcd as aforc-
said to said complanants, and that the said
complainants may, as far as possible have the
benefit of the proceeds arising from the sale
of the lands herein before mentioned MS in
cludcd in the Mortgage, and that they may
have such further relief as their case may re-
quirc, and that an order of publication may
be granted for the nonresident DEPENDENTS,
and writ Of subpoena for such as reside in
Maryland.
1t is thcreupon adiudgsl and ordered that
the Complainants by causing copy of this
order to be inserted in some newspaper pub.
lishcd at Elkton once week for ono month
before the First day of October next, give
notice to the said absent defendants of the Oh
.icct 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, Cl'k.
True Copy, Test
II. Ii. MITCHELL,