The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-06-02
NOTICE,
Peter Staa

Vg1HE object olths suit is to procure De-
l. 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,
mortgagcd by Francis Marshal, one of the
defendants, to the complainant Peter Stats.
| and to Obtain an in unctiou to Stay waste on
said mo,tgagcd premises.
Tho Bill states that on the second of April
| eighteen hundred and fiity-one, the 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 sum of two thousand dollars, current
money. and intending to secure the payment
| thereof, did, by his deed Of that date, in
| which his wife Susanna S. Stats joined con
vey unto the said Mary Ann Garrett and her
| heirs, certain real estate lying in said county
! of Cecil, and particularly described in said
deed; to which said decd there is 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 tho aforc said
sum of money has been paid in full up to the
| twenty-iitth day Of March eighteen hundred
| and iiity-iivc, 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 ac-
count thereof on the tenth day Of April last,
| although tho 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 a part Of the land alorc-
said, containing two acres to one David
| Fisher, OF Chester county in the State of
| Pennsylvania, by deed Of that date duly OK
ccutcd and recorded in Liber r. G. II. No.
8, folio C62, one Of the Land Record Books
of Cecil county and on the second Of Janu-
airy eighteen hundred and fity-two, sold and
| conveyed another small part thereof, contain
| ing one half an acre, to one Samuel McCrea, of
| Cecil county, by his decd of that date duly
| executed and rccur led ;-and on the ecv-
enth Of April eighteen hundred and fifty
| three, 10y his decd of that date, duly exc
cutcd and recorded, sold and conveyed the
| residue Of said land, containing ninety seven
| acres and one half an acre, more or less, for
4 consideration oftour thousand dollars, to one
Francis Marshall Of Cecil county. and that
the said Francis Marshall, on the said elcv-
cnth Of April eighteen hundred and fifty
three, being indie unto your orator in the
| sum of one thousand dollars current money.
on Il certain bond, and intending to secure the
payment thereof, did by his deed of that date,
| reconvcy unto your orator the aforesaid resi-
due of said real estate, containing ninety
seven and a half acres, pa rticularly dcscrib-
ed in said decd Of mortgage. to which said
deed there is condition annexed, 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
Al hundred n,n hat ic al
due and unpaid on said mortgage, the sum
Of nine hundred dollars with interest thereon
from the first day of April, eighteen hundred
and ittyiive.
The said Bill further states that the aforc-
said Francis Marshall ON the twenty seventh
Of January, eighteen hundred and tity-four
conveyed by Deed of that date, duly cXccut-
ed and recorded in Liber III. 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 EycE, ofthe city of New
York, 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
on record that the said Frederick Ten Eyckl
and John 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 jcopardize the sums of money
SO as aforesaid charged thereon; and that if
the said Frederick Ten Eyck and John C..
| Tunisun be permitted to continue cutting and
conveying away the said wood and timber the
| said Peter Staats will lose at least portion,
| if not all Of the money so as aforesaid due Ia
him. The said Bill then prays that the dclen-
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 rs may be necessary for
the purpose be sold for payment Of the afore
said claims, with interest as aforesaid, and
that the said Frederick Ten Eyck and John
| Z. Tunison may be restrained from cutting OF
| 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 a copy Of this or
der to be inserted In some newspaper publish
ed at Elkton, once a week for one month be
| fore the first day of July next, give notice to
the said absent defendants Of the object and
substance of this Bill, and warn them to APP
pear in this Court in person or by solicitor, or
or before the first day Of October next, to
answer the premises and shcw cause If any
they have why a decree ought not to pass as
prayed.
II. II. MITCHELL, elk.
True Copy, Test,
II. II. MITCHELL,
Nav.