Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-10-09

Charles B. Thruston and Court FOR AL
Thomas Devecmon legany Coua-
as. " as o Court
John Shane, John Martin of Equity.
and others. No. 1894.
T1HE object of this suit is to procure de-
i cree for the sale of certain real estate. "
ing and being in the City OF Cumberland. in
said County, for payment of the balance of
purchase money thereon, amounting to the
sum of five hundred dollars, with interest
thereon from the first day of April, 1859.
The bill states that on or about the 22d day
OF February, in the year eighteen hundred and
Gf,y-nine. the compliments agreed to sell to
tLe said John Shane two certain lots ofground
Wing and being on the west side of Wills
creek in the City OF Cumberland, numbered,
respectively, one hundred and twenty-eight
lI2sl and one hundred and twenty nine, Q29)
for the sum of one thousand dollars. Ihat
after the said purchase the said Johh Shame
paid the sum Of one hundred dollars, and gave
his two notes for the balance, one of which
said notes, for the sum of four hl ndred dollars
dated on the 22d day of February, 1859, with
interest from the LIST dry of April, 1859, has
been paid but the other of said Il otes dated on
the said 22d day of February, 1859, payable
to the complainants or orGer, on tho first day
Of April, 1861, for the sum OF five hundred dol
lars with interest from the first day of pril,
1859, has not been paid, but Is due and owing
to the companants, and is filed with the b iii
marked Exhibit No. |.
That there was executed and deliver d to
the said John Shane, at the time OF said sale
an agreement in writing by the said complain
ants to convey the said two lots to him on full
| paymcnt of the purchase money aioresaid but
the said compliments have never since had
any possession or control of the said written
| agreement and therefore cannot exhibit it with
| their bill, nor he more particular in their
! sta tement as TO It's contents.
| That since the date Of the written agreement
soid Shane has always been in possession of
| the said premises, so as aforesaid agreed to he
| sold TO him.
That the said promissory note filed with the
bill and marked Exhibit No. l, had been en-
! dorsed and the payment thereofguaranieed by
| the commitments, and on its maturity the said
! John Shane having failed and refused 10 pay
! the same the said comIlaiuants were obliged
in pursuance of their said guaranty, to take it
! up and pay the amount TO the holder thereof,
who had the same duly protested.
That the legal title TO said lot of ground re-
manned and continued in the said complainants
! whose vendors lien for the said balance OF
! purchnsc money. unpaid, has been in no wse
! waived, transferred or impairedi and that tho
said co,nlIainants are advised that they are
entitled to have said premises sold for the pay
mcnt and satisfaction for the aforesaid unpaid
! aluuce OF purchase money.
are informed and believe that the SAID John
| Shane hath sold or agreed to sell unto Ger
tain John Martin, Of Allegany County, all his
, interest in the aforesaid two lots Of ground,
I although the compliments are not advised OF
I the nature or particulars of such sale, nor of
, " hat amount of money if any, was paid by
! the said Martin to the said John Shane but
have been advised to make the said John Mar
tin Il party to this suit.
The bill Iurtl cr states that it appears by the
records of the Circuit Court for Allegany
County. that Judgment against the said Jonn
Shane have been obtained therein in favor OF
Aluheus Beal. William Arnold, and George
W. Gail and Christian AK, partners trading
| under the name, firm and style OF G. W. Gail
aud AK all which judgment creditors OF the
said John Shane are accordingly, made parties
TO this suit.
Afterwards, and on the Goth day Of August,
1862 n petition was filed in the cause by the
complainants, alleging that since the filing OF
the original bill. it had been discovered that
the said John Martin was not q resident OF the
State of Maryland, and praying that their SAID
hill nigh, hc so amended ms to state the fact
ard for an order OF publication against the
sad John Martin, rs such nonresident; on
watch said petition an order passed by the
Judge Of tie Circuit Court for Aliegany Coun-
~. ns Court OF Equity, on the day last afore-
sad, amending the said original bill and
granting The order of publication us pray ed.
II is iherrupon adjudgcd and ordered that
the CON pluhanIs hF causing copy of this or
der TO he inserted in some news pnper pm IlislI-
&c, ~ the City OF Cumberland omce week for
tour successive weeks before the sixth day OF
| October nest, give notice to the said absent
defendant Of the % leCt aud subs ance OF this
bill aud warn him TO appear in this Court, in
person nr by solicitor, on or before the eighth
dav Of january urXt, to answer the premises
a