The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-01-20

Casscday, infants, by In Cecil county
their next friend Davis Circuit Court, in
b. Casseday. fEquity, Decent
VS. Der 18th, 1854.
Elisha Cass> d ", Joseph
A. Casseday and Ruth ...
Casseday.
rHNllE object of this suit is to procure a
n decree for an account from the deicn-
dants and especially from Joseph A. Casse-
day and + is Casseday, for the proceeds Of
c!rtaln lands in Cecil county. Maryland,
owned by James Casscday in his lifetime,
and more particularly an account of the pro-
cecds OF the sales Of thc crop OF peaches from
said lands in the year eighteen hundred and
itity-tonr, said to be about thirty thousand
baskets, and the sales there to have amount
cd to between thirty-.hrcc and thirty-ionr
thousand dollars. and also IA decree that the
said Joseph A. Cissedly and Eiish Casscday
| one or both of whom are stated to be IN re-
ccipt OF said money, Shall pay over the same,
| or such part thereof, believed to be near or
| ABOUT twenty-five Thousand dollhrS.) as may
! remain after lcducting necessary expenses.
| or such amount thereof as the court may dc
| tcrmine should be paid, to the Attornies of
| the attaching creditors in certain decd OF
| trust mentioned. which deed OF trust is par
ticulary referred to in the Bill and to which
the said Joseph A. Casseday is II party. And
said farms and peach orchards may hereafter
DC consigned to some proper person 10 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 be
applied 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 the same
is fully complied with.
The bill states that james Casscday was in
his lifetime engaged in business AS corn or
grain merchant, also in the wood business
and in the peach business; that since about
1850 he and the said Joseph \. Casseday
Wee 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 jul smcnt was entered on the at
tachments, that deed of trust was made by
the said James Casseday his wife Ruth Cas-
scday and Joseph A. CaSScduy, though the
latter had no interest in the lands to john {.
Groomc and George Earle Esqrs., in trust
for such attaching creditors as signed 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 $40 900 on the eighth
ot November in each year from 1872 till
| 1856 inclusive, failing which payment the
said estate under certain contingencies III the
deed mentioned was to be sold by the Trustees
that the instruments Of 1882 and 1853 were
paid and that very shortly before last pay
ment James Casseday died, that the com
plalnant Davis B. Casscday undertook the
management Of the Cecil property shortly
thereafter that he cXcrted himself to the best
of his ability for the benefit Of all parties
| O. N ~ al lt a. tinI tp H.
Casseday about 10000 baskets Of peaches in
| 1851 which produced some S33 600 or Ssh
| 600, that the said Joseph y. ClsScuaE rciuS-
cs to account for said money, that Il large
| profit nearly or quite SO ,OUO remains in said
| Jos y CasS lday' $ lands that he has not paid
| the same or amy part thereof over to the AT
t,rneyS 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-
| le'e that he or the said Elisha Casseday or
| both are applying said money to their own
uses or IN improper ways, procuring other
! parties to bu! in claims with said monies and
holding the same for their own purposes and
msll plying the money in other ways in said
| bill particularly Spcciti ii. 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
Elisha co pa tncrs III the peach business
and tenants in common oftlc property in &C.
| ell. that ON account of HE 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 sal
debts of james Casseday x Son, and the i'll
iants left pcnnilcss that the rights of said
parties and particularly oi the infants. should
be protected here; that said Joseph and Eli
shl have no property elsewhere by which II
decree procured could he made effective IL
gainst them, that it is only here that the
court can reach the proceeds OF the property
and protect the patieS That the Patterson
property in Cecil was Tin tttlclcd and in part
| unpaid for, that there is reason to think the
said Joseph and Elisha are using this money
belonging to attaching creditors to eXtinguish
the liens both upon it and certain property in
Clcmont county, Ohio, so as to seem add
vances ont of their private funds in order to
give them some pretended claim thereon.
That the said Davis b. Casscday is ready,
willing and DESTROYS to account to all parties
Interested and to the creditors for all his re-
ccipts and expenditures. And that the said
Ruth Casscday, Elisha CtsSeday and Joseph
A. CasscdAy reside out OF the State Of Mary
land.
1t is thcrcupon adtudgcd and ordered, that
the cumplaimnts by causing copy OF tins
order to be inserted in some newspaper pub
lshed at Elkton, once ii 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 shew cause
if any they have, why decree ought not to
pass as prayed.
H. II. MITCHELL, Clerk.
True copy. Test,
II. II. MITCHELL,