The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-06-16
NOTICE.
Peter Stats,

Mary Ann Garrett, Da- &c C county, in
vd Fisher, Samuel Nc Chancery.
Crea, Francis Marshall, May 18th, 1866.
I Frederick Ten Eyck,
and John C. Tunison.
TIME object Of mis- suit is to procure De-
| l. cree for tie 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 Staats.
and to obtain all Injunction to stay waste on
said mortsagcd premises.
The Bill states that on tho second of April
eighteen hundred and fifty one, the complain
ant Peter Staats 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 condition
| that il 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 time, have
sum Of money has been paid in full up to the
| twenty fifth day of March eighteen hundred
| and fftv-tvc, bat 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 the time limited for the payment
| thereof has passed, and payment thereof has
| been duly demanded. The said Bill further
IN, Lii nm y IA
| day of June eighteen hundred and fifty one,
| that the complainant, the said Peter Stats,
sold and conveyed a 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-
! ecucd and recorded in Libef r. C.. ii. No.
3, folio 662. one of the Land Record Books
Of Cecil county and ON the second OF Jsnu-
AIRY eighteen hundred and nfty-two, sold and
conveyed another small part thereof. contain
| ing one half an acre, to one Samuel McCrca, of
| Cecil county, by his deed of that date duly
| executed and recur lcd;-and on the clcv-
enl Of April eighteen hundred and nifty
three, hv his deed Of that date, duly exc
cutcd and recorded, sold and conveyed the
residue of said land, containing ninety-sevcn
acres and one half an acre. more or less, for
a consideration of four thousand dollars, to one
Francis Marshall of Cecil county, AMI that
the said Francis Marshall, on the said elev-
| enth Of April eighteen hundred and fifty
three, being indie bted 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 hi, 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 condition annexed, that it be
void on payment by the sail Francis Mar
| shall to your orator Of the aforesaid sum of
one thousand dellars, with legal interest for
the same, on or before the first of April
eighteen hundred y-Aye--that there is still
| dne and unpaid on said mortgage, the sum
| fn,nc hundred dollars with interest thereon
from the fist day Of April, eighteen hundred
| and tlty-fvc.
| The said Bill further states that the aforc-
said Francis Marshall on the twenty -seventh
Of January, eighteen hundred and hity-four
conveyed by Deed of that date, 0uly cyecut-
ed and recorded in Libcr ii. IL. 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
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
|
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 arc 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
cndangcr and jeopardizc the sums of money
so as aforesaid charged thereon; and that if
the said Frederick Ten Eyck and John e.
Tunson 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 to
| him. The said Bill then prays that the dcien-
| dants above named may answer the several
matters and things charged in the complain
ants Bill, and that the Mortgaged premises,
or so much thereof as 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 Eycli and John
C. Tunson may he 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 ElktOn, once week for one month bo-
fore the first day ofJuly next, give notice to
the sa id absent defendants of tho object and
substance of this Bill, and warn them to APP
pear in this Courtin 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.
II. II. MITCHELL, Cl'k.
True Copy, Test,
II. III. MITCHELL,