Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1859-04-21

Jost J. Stunman
vs. In the Circuit Court for
William Baker Alegany County AS a Cou-
and TT of Equity. No. 1906, f.
wife and others. guilty.
fENHE object OF this suit is to procure n de-
Il cree for the sale of lot OF ground and
premises in said Allrgany County (which was
mortgaged on the 30th day OF November, l949,
by the defendants William Baker and Elizabeth
Baker, his wife, and Lemuel Gross to Peter
Shirer and Peter Baker.
The Bill states that on the 30th day of No
vember, 1919, the said ililam Baker and Eli
zabeth Baker his wife, and Lemuel Cross con-
veyed, by mortgage OF that date, certain lot
of ground and premises in Grantsville, which
is particularly described in tue Bill and the
copy of said mortgage, filed ard marked ca
hibit "a" unto Peter Shirer and Peter Baker
and their assigns, 10 secure the payment OF six
several notes or obligations, each in the sum OF
fifty dollars, and all dated on the third day OF
September, lS49, and payable respectively in
one, two, three, four, five, aud six years from
date, with interest from date. That on the 22d
day of February, 1850, the said Peter Shirer
and Peter Baker assigned the said notes in
writing TO the complainant and guaranteed the
payment, and thereby the mortgage made TO Sc
cure the payment of the several notes became
equitably assigned to the complainant and
enurcd to his tenetit against the mortgaged
premises That William Baker afterwards paid
the first two of these notes, leaving the other
four notes unpaid, with the interest. That
suits were brought on three OF the said notes,
but no money was made, and the said William
Baker and wife removed from the State OF MAJ
ryland That the said Lemuel Cross signed all
the said notes and otgage security for
said William Baker and the said Cross as Sc
curity has since advanced and paid the note
falling due on the Sd day of September 1855,
and the interest and cost of Judgment thereon,
TO the complainant, and is thereby cqutably
entitled to interest in sad mortgage lot and
premises for the repayment Of the said note
and interest out of the proceeds Of the sale Of
the mortgaged lot, after the payment in full Il
the three unpaid notes and interest 10 the con-
plainant remaining due and unpaid.
That since the date of the mortgage andHs'
sirument of the notes, the sHd William Baker
sold and conveyed The said lot of ground TO
William Shaw but that said Shaw has moi
| paid the sad mortgage debt, which remains
| unpaid, and the said mortgaged premises are
| still liable for the payment oi the four notes
with interest on the same
| 1t is therefore this llth day Of April 1859
adudgcd and ordered that the complainant BY
causing IT copy of this order to be inserted il
some newspaper published ut Cumberland, onc'
in each successive week, for one month betor,
the 18th day of hay next, give notice to thu
said absent defendants of the object and sub
stance of this bill and warn them TO appeal
in this Court in person or by solicitor on o
before the Goth day Of August next. 10 answe
the premises and shew cause, il any they have
why decree should not pass rs prayed.
True Copy-Test
II. RESLEY, Clerk.
| ApTl IA lS50-6t