The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-06-09
NOTICE.


Crea, Francis Marshall, May 2jth, 1855.
Frederick Ten Eyck,
and j Ohm G. Tunison.
YENHE object ofthis suit is to procure De-
Il cree for the sale of certain mortgaged
premises in Cecil county, which were on the
eleventh day Of April in the year Of our Lord
one thousand eight hundred and fifty three,
mortgaged by Francis Marshal, one of the
defendants, TO the complainant Peter Stats,
and to- Obtain an injunction to stay waste on
said mortgaged premises.
The Bill states that on the second of April
eighteen hundred and fifty-pne, tho complain
ant Peter Stats being indebted unto Mary
Ann Garrett, one of the defendants, of New
| Castle county In the State of Delaware in
the sun Of two thousand dollars. current
money, and intending to secure the payment
thereof, did, by his deed Of chat date, in
which his wife Susanna S. Stats joined, CON
vcy unto the said Mary Ann Garrett am, her
| heirs, certain real estate lying in said county
| OF Cecil, and particularly described in s,id
deed; TO which said deed there is Il condition
| that it be void on payment by your orator to
the said Mary Ann Garrett the aforesaid sum
Of two thousands dollars, and interest there
on, in the manner and at the times mention
ed in said mortgage deed, which times have
| passed; that the interest on the afore said
sum Of money has been paid in full up to the
twenty-fifth day Of March eighteen hundred
and fifty -tive, but that no interest has been
paid thereon since that day, and that no part
Of the principal sum has been paid excepting
the sum Of two hundred dollars paid on &C
count thereof on the tenth day of April last,
although the time limited for the payment
thereof has passed, and payment thereof has
been duly demanded. The said Bill further
| states, that afterwards, to wit, on the sixth
day of June eighteen hundred and fifty one,
| that the complainant, the said Peter Stats,
! sold and conveyed part Of the land afore-
| said, containing two acres to one David
| Fisher, Of Chester county in the State of
Pennsylvania, by deed Of that date duly ex-
| ecnted and recorded in Liber II. G. II. No.
3, folio G62, one of tho Land Record Books
of Cecil county and on the second Of Janu-
AIRY eighteen hundred and nity-two, sold and
conveyed another small part thereof, contain
ing one half an acre, to one Samuel McCrea, of
| Cecil county, by hi. deed Of that date duly
| executed and recOrled and on the elev-
enth of April eighteen hundred and fifty
three, by his deed Of that date, duly exc
cuted and recorded, sold and conveyed the
residue of said land, containing ninetyseven
acres and one half an acre, more or less, for
reconsideration offour thousand dollars, to one
Francis Marshall of Cecil county, and that
the said Francis Marshall, on the said ccv-
cnth of April eighteen hundred and fifty
three, being indebted unto your orator In the
sum of one thousand dollars current money,
| on certain bond, and intending to secure the
payment thereof did by his deed Of that date,
rcconvey unto your orator the aforesaid resi-
due of said real estate, containing ninety
seven and half acres, particularly describ-
ed in said deed of mortgage. to which said
deed there is a condition anne ed, that it be
void on payment by the said Francis Mar
shall to your orator of the aforesaid sum of
one thousand dollars, with legal interest for
the same, on or before the first Of April
eighteen hundred ffty-hvc-that there is still
due and unpaid on said mortgage, the sum
of nine hundred dollars with interest thereon
from the first day Of April, eighteen hundred
and ffty-fve
The said Bill further states that the afore-
said Francis Marshall on the twenty seventh
of January, eighteen hundred and ftty-four
conveyed by Deed of that date, duly exccut-
ed and recorded in Liber II. II. NJ, No. .,
Folio 562, &c, another of the Land Record
Books, aforesaid, all his equity of redemption
in and to the aforesaid residue Of said land to
one Frederick Ten Eyck, of the city of New
l ork, and that the complainant is informed
that the said Ten Eyck hath conveyed. or is
about to convey, all his interest in said land
to one John G. Tunison of Cecil county, who
is now in possession of the same, although
no deed or conveyance therefor can be found
and Ohm G.: Tunison have already cut down
and at this time are diligently engaged in
cutting down and removing the wood and
timber growing and being on said land, and
are committing other waste and destruction
to the premises, that said Real Estate by the
cutting and removal of said wood and timber
will be greatly diminished in value so as to
endanger and jeopardize the sums of money
so as aforesaid charged thereon; and that if
the said Frederick Ten Eyck and John C.
Tunison be permitted to continue cutting and
conveying away the said wood and timber the
said Peter Stats will lose at least a portion,
if not all Of the money as aforesaid due to
him. The said Bill then prays that the defcn-
dants above named may answer the several
matters and things charged in the complain
ants Bill, and that the Mortgagcd premises,
or SO much thereof as may be necessary for
the purpose be sold for payment Of the aiore-
said claims, with interest as aforesaid, and
that the said Frederick Ten Eyck and John
q. Tunison may be restrained from cutting or
removing any Of the wood and timber thereon
growing and being, whether cut or standing,
and from committing any other waste or Gcs
tluction to the said premises.
1t is thereupon adjudged and ordered that
the complainant by causing copy of this or
der to be inserted in some newspaper publish
ed at ElktOI, once week for one month be-
fore the first day ofJuly next, give notice to
the said absent defendants of the object and
substance of this Bill, and warn them to ap-
pear in this Court in person or by solicitor, on
or before the first day Of October next, to
answer the premises and shew cause if any
they have why decree ought not to pass as
prayed.
H. MITCHELL, Cl'k.
True Copy, Test,
II. II. MITCHELL,
Nav &c, '5j-1m Clerk.