The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-01-06
E(i'. ROE,

DAVIS j.. taSScudN, Na
rah Jane Cnsscday. James
ClHSrday. Jr. Ruth Anna
Casselay, infants, by In Cecil county
their next friend. Davis Circuit Court, III
b. CuSsnddv. fEuuitv. Drccm-
w Der 10Th, 1851.
Elisha CaSStd V. Joseph
\. CaSScday and Euth
Ca&ScIdy.
r. VIE Object OF this salt is to procure q
Il decree for an account from the deicn-
l,ns and especially lr"m Joseph A. Casse-
day and EliSi, CaaSrIny. for Tia" proceeds Il
certain lands in Cecil ou,ty, Maryland,
owned by James ClSSclAy in Lis lifetime,
| aud more particularly an account OF the pro-
cccds Of the sales Of the crop of peaches from
said hands in the year eighteen iNmdr>(. AN!
tiity-toUr, said to hr about thirty thousand
baskets and the sales thrrcotto have amount
cd to between thiry-thrcc and thihy-iuur
thousand dollars. and also cree that the
said Joseph a. Clsspddy and Eiish CAssrIay
one or both of whom are stated to be i'll re
cciirt of said money, shall pay over tn" Sa,Ec.
or such part thereof believed "a be near oH
about twenty-five Thousand dolars,) rs may
| remain after draGctirg necessary expenses,
| OF suclI amount thereof a. lHc court may de-
trrmimc should he I"tid, to t,tt .tttornitS OF
the attaching creditors in / certain decd Of
trust mentioned. which decd ui' trust is par
ticulary referred to in the Bli and to which
tie said Joseph A, tassrday is Il party. And
also a decree or order that the proceeds of
s;ii farms and peach orchards may hereafter
be consigned to some proper person to be
All oiutcd by said attaching creditors or h!'
Court Who Shall sell said proceeds and after
deduction OF the necessary EXPENSES of the
farms aud orchards that the balances shall be
applied by the Attorneys OF the attaching
creditors who have signed all agreement III the
deed Of trust mentioned for the purpose
specified in said decd Of trust until the sam
is fully complied with.
The bill states that James CaSSgday was i'll
his lifetime engaged in business ~ corn or
| grain merchant, also in the wood business
and in the peac! business; that Sine. about
| 1880 he and the said Joseph y. CaSacIay
were in partnership in the grain business.
llat they failed largely indebted that part OF
the property Of James Casscdav in Cecil
| county was attached for the debts. that 10y
| agreement judgment was entered on the at
tuclmcnts, that deed Of trust WAS made BY
the said James CaSscdny his wife Ruth Cas-
scday and Joseph A. Cassrday, though the
| latter had 10 interest in the lands to John {.
| GrOomc and George Earle Esqrs., in trust
| Tor such attaching creditors as signed on
| night sign an agreement in said deed men
toned which deed provided ti'at James
Casscday should pay TO the Httornics Of the
| said attaching creditors !. 1000 on the eighth
| oi November in each wear from 1892 till
1886 inclusive, failing which payment the
| said estate under certain contingencies in the
| deed mentioned WAS TO bG sold by the Trustees
that the Instruments Of 1852 and 1888 were
paid and that very shortly before last pay
mcnt James CnsScdav dird that the com
| ala WIG .lt,r pl.
management of the Cecil property shortly
thereafter that he eEcrtcd himself to the best
Of his ability for the benefit Of all parties
| concerned, that he forwarded to Joseph a
| CaSScday about 1000 baskets OF peaches il
| 1854 which produced some s33 900 or s3f )
900, that the said Joseph A. CaSsclay rcfus-
cs to account for said money, that Il large
profit nearly or quite 3225 900 remains in said
Jos y Casscday's hands Ihat he has not paid
the same or any part thereof over to the At
torncys Of the attaching creditors, as hl
ought, on the Sth day of November last, or al
any time since, that there is reason to be
lieve that he or the said Elisha Casscday OF
both are applying said money to their owl
uses or in improper ways, procuring Other
| parties to buy in claims with said monies and
| holding the same for thoir own purposes and
misapplying the money in other ways in said
| bill particularly specified. That said infant!
and all parties concerned arc likely to sullcI
| great damage thereby; that said proceeding
is in fraud Of their the said Joseph ana
| Elisha's co-partncrs in the peach business
and tenants in common oithc property in &c
Gil, that on account Of the failure By said par
ties to pay over said money certain of til,
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 il
/ .,l.,a I,,,.. IL
debts Of James Casseday 4 Son. and the in
luns left pcnnileSs; that the rights of suiC
parties and particularly Of the infants, shout,
be protected here; that said Joseph and Eli
s'a have no property elsewhere By which
| decree procured could be made effective 4
galnSt them, that it is only here that tn,
court can reach the proceeds Of the propert,
and protect the parties. That the Patterson
property in Cecil was unattached and in par
unpaid for, that there is reason to think til,
said Joseph and Elisha are using this money
belonging to attaching creditors to cXtnguisl
the liens both upon it and certain property il
Cleront county, Ohio, so as to seem ad
vances ont Of their private funds in order t.
give them some pretended claim thereon
That the said Davis b. Casseday is ready
willing and DESTROYS to account to all partic,
interested and TO the creditors for all his re
ceipts and expenditures. And that the sait
Ruth CasSeday, Elisha Casseday and JOSEPH
A. Casscday reside out Of the State of Mary
| land. .t...
1t is tlcrcupon adjudged and ordered, tina
the companants by causing Il copy of thi
order to be inserted in some newspaper pub
lshed at Elkton, once a week for one mont
before the first day of February next, Civ
notice to the said absent defendants Of thu
object and substance Of this bill, and war;
them to appear in this court in person or b,
solicitor, on or before the second day of Ma
next, to answer the premises and shcw caus
If any they have, why decree ought not t
pass as prayed.
II. II. MITCHELL, Clerk.
lava. True copy. Test,
II. II. MITCHELL,
| Dcccnlbar 30 1851 I'm Clerk,