The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1855-05-26
NOTICE.
Peter Stats,

vid Fisher, Samuel Nc Chancery.
Crea, Francis Marshall, May 18th, 1855.
Frederick Ten Eyck,
and John C. Tunison.
TIME object Of this suit is to procure De-
i cree for the sale of certain mortgaged
premises in Cecil county, which were on the
eleventh day of April ia 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 Oh
said mortg,ged premises.
The Bill states that on the second OF April
eighteen hundred and ity-one, the complain
ant Peter Stats being indebted unto Mary
Ann Garrett, one of the defendants, OF New
Castle county in the State of Deldwrre, 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 an! 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 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 sald
sum of money has been paid in full up to the
twenty fifth day of March eighteen hundred
and fifty five, 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 the time limited for 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 atore-
said, containing two acres to one David
Fisher, Of Chester county in the State OF
Pennsylvania, by deed Of that date duly rX-
ecuted and recorded in Liber r. &. ii. No.
3, folio 662, one of the Land Record Books
of Cecil county and on the second OF Janl-
airy eighteen hundred and ffty-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 recorded;-and on the elev-
enth Of April eighteen hundred and NIFTY
three, by his deed of that date, duly exc
cuted and recorded, sold and conveyed the
residue Of said land containing ninety seven
acres and one half an acre, more or less, for
a consideration offour Thousand dollars, to one
Francis Marshall of Cecil county, and 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 certain bond, and intending to secure the
payment thereof, did by his deed of that date,
reconvey unto your orator the aforesaid resi-
due of said real estate, containing ninety
seven and half acres, particularly doscr D..
ed in said deed of mortgage. to which said
decd there is a condition annexed, that IL be
,n;l h,. Il n
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 ilty-fve-that there is still
dus and unpaid on said mortgage, the sum
of nine hundred dollars with interest thereon
from the first day Of April, eighteen hundred
and fifty-fve.
The said Bill further states that the atorc :
said Francis Marshall on the twenty-seventh
Of January, eighteen hundred and bily-tour
conveyed by Deed of thai date, duly eXecut-
ed and recorded in Liber Il. 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 'and To
one Frederick Ten Eyck, ofthe city of New
York, and that the complainant is intormc''
that the said Ten Eyck hath conveyed. or is
about to convey, all his interest in said land
to one John c. 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 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
tyi In ,l..I ipiS hnI in vail n
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 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 deen-
dants above named may answer the several
matters and things charged in the complain
ants Bill, and that the Mortgaged premises,
or so much thereofas may be necessary for
the purpose be sold for payment Of the atore-
| said claims, with interest as aforesaid, and
that the said Frederick Ten Eyck and John
&. 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 Ges-
truction 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 a week for one month be-
fore the first day of July next, give notice to
the sa id absent defend ants 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 shew cause if any
they have why decree ought not to pass as
prayed.
II. II. MITCHELL, Cl'k.
Truo Copy, Test,
II. II. MITCHELL,
| May &c, '55--lm. Clerk.