The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-06-23
NOTICE.
Peter Stats,

| Mary Ann Garrett, Da- O. eel county, in
vd Fisher, Samuel Nc Chancsry.
Crea, Francis Marshall, May 25th, 1866.
Frederick Ten Eyck, -.
and John C. Tunison.
HNHE object of this suit is TO procure a De
l. cree Tor the sale of certain mortgaged
premises in Cecil county, which were on the
eleventh day OF April in the year Of our Lord
one tliolslnd eight hundred and fifty three
morigaged by Francis Marshal. one Of the
defendants, to the complainant Peter Stats.
and to obtain an injunction to stay waste on
said mortgagcd premises.
Tho Bill states that on the second of April
eighteen hundred and filty-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. Staats 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 deed there is a condition
that it he 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 tty-tivc, but That no htcres. 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 Oil &C
count thereof on the tenth day of pril last,
although the time limited f6f the payment
thereof has passed, and payment thereof has
been duly demanded. The said Bin 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 cx-
ocutcd and recorded in Liber Il. G. H. No.
3, folio GG2. one Of the Land Record Books
of Cocil county on the second OF Jsnu-
AIRY eighteen hundred and hfty-two, sold and
conveyed another small part thereof, contain
ing one half an acre, to one Samuel McCrea, Of
Cecil county, by his deed Of that date duly
executed and recorlad;- and on the elcv-
snth of April eighteen hundred and fifty
three, by his doed OF that date, duly exc
cutcd and recorded, sold and conveyed the
residue Of said land, containing nincty-scvcn
acres and one half an acre, more or less, for
Il cOnSid Grafton of four thousand dollars, to one
Francis Marshall Of Cecil county, and that
the said Francis Marshall. on the said elev-
cnth of April eighteen hundred and fifty
three, being indebted unto your orator in the
sum of one thousand dollars current money,
on a 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 half acres, particularly deScrb-
I'd in said deed Of mortgage. to which said
deed there is condition annexed, that it be
void on payment by tho 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 fifty -hve--that there is still
due and unpaid on said mortgage, tho sum
Of nine hundred dollars with interest thereon
from the first day Of April, eighteen hundred
and tifty-fyc
The said Bill further ststcs that the afore-
said Francis Marshall on the twenty seventh
of January, eighteen hundred and fifty-four
conveyed by Deed of that date, duly execut-
ed and recorded in Libcr ii. ii. NJ, No. 2,
Folio 5G2, &c, another of tho 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
York, and that tho complainant is Informed
that the said Ten Eyck hath conveyed. or is
about to convey. all his interest in said land
is now in possession Of the same, although
no deed or conveyance therefor, can be found
ON record: that the said Frederick Ten Eyck
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
endangcr and jcopardzc the sums of money
so as afo.esaid 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 portion,
if not all Of the money so as aforesaid due to
him. The said Bill! then prSys that the deien-
| lans 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 ofthc aforc-
! said claims, with interest ns aforesaid, and
that the said Frederick Ten Eyck and John
e. TunsOn 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 ccs-
tlucton to tho said premises.
1t is thercupon adjudged and ordered that
the complainant by causing a copy of this or
der to be inserted IN some newspaper publish
| cd at Elk on, once a week for one month be-
fore the first day Of July next, give notice TO
| the 81 id absent defendants of the object and
substance of this Bill, and warn them to APP
pear in this Court in person or by solicitor, on
or before the first day Of October next, to
| answer the premises and shcw cause il any
| they have why decree ought not to pass as