Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-10-16
Order of Publication.

! George A. Thruston, In the Circuit
Charles B. Thruston and Court for AL
| Thomas Devecmon legany Ceun-
os ty as Court
'ohn ohane John Martin Of Equity.
,1r, 'r.. o."ess, No. 1884.
'HE ooJect OF this suit is to procure a de-
4 cree for the sale OF certain real estste. w.
ing and being in the City of Cumberland IL
said County, for payment of the balance ~
purchase money thereon, amonnt;nr ~ ,ha
sum of five hundred dollars, with ;n,.,..s
thereon from the first day of April, 1855
! The bill states that on or about the 2ad d.x
Of February, in The year eighteen hundred ana
ffty-nine, the complanants agreed to sell to
the said john Shane, two certain lots ofground
living and being on the west side Of Wills
! creek. in the City of Cumberland, numbered.
respectively, one hundred and twenty-eighi
| (l2Sl and one hundred and twenty nine, (129)
| for the sum of one thousand dollars. That
after the said purchase the said John Shane
paid the sum of one hundred dollars, and gave
| his two notes for the balance, one OF which
| said notes, for the sum offour hL ndred dollars,
duted on the 22d day of February, 1885, with
| interest from the lst day of April, 1859, has
been paid but the other of said notes dated on
the said 22d day of February, 1859, payable
| to the complainants or order, on the first day
| of April, 1861, for the sum of five hundred dol.
lars, with interest from the first day of April.
!
| TO the complainants, and is filed with the bid
marked Exhibit No. l.
| That there Was executed and deliver 4 u
| 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
pay ment of the purchase money Aforesaid; but
| the said compliments have never since had
any possession or control Of the said written
| agreement, and therefore cannot exhibit it with
| hair nlor In fhstv
| ste tement as to its contents.
! That since the date of the written agreement
| said Shane has always been in possession Of
| the said premises so as Aforesaid agreed to BE-
| sold to him.
| That the said promissory note filed with the
| bill and marked Exhibit No. J., had been e.
dorsed and the payment thereofg qua ranteediby
| the complainanis, and on its maturity the said
John Shane having failed and refused to pay
| the same, the said compliments were obliged
| in pursuance of their said guaranty, to take II
| up and pay the amount to the holder thereof,
who had the same duly protested.
| That the legal title TO said lot Of ground 70.
! manned and continued in the said compliments
whose vendors lien for the said balance Of
| purchase money unpaid, has been in no Wss
waived, transferred or impaired; and that the
| said complainants are advised that they are
entitled TO have said premises sold for the pay
| ment and satisfaction for the aforesaid unpaid
balance OF purchase money.
| The ill further states that the complainant ID
| are informed and believe that the said John
| Shane hath sold or agreed to sell unto o cer-
tnin John Martin, of Allegany County, all bis
! interest in the aforesaid two lots OF CROWD,
| although the complainants are not advised Of
! the nature or particulars Of such SALE nor OF
| what amount Of money, if any, paid by
the said Martin to the said John Shane; bat
| have been ad vised to make the said John Mar
tin q party to this suit.
The bull furtl er states tho it appears by the
records of the Circuit Court for Allsgany
County tina, Judgment against the said John
| Shane have been obtained therein in favor OF
| Alpheus Beall, William Arnold, and George
W. Gail and Christian AK, partners trading
under the name, firm and style Of G. ". Gail
and AK; all which Judgment creditors Of tho
said John Shane are, accordingly, made parties
| 10 this suit.
Afterwards, and on the goth day Of August
| 1862 q petition was filed in the cause by ths
compainants, alleging that since the filing Of
! the original BILL it had brsn discovered that
| the said John Martin was not 81 resident OF the
State of Maryland, and pray ing that their said
! bill nigh, be SO amended as to state the fact
and for An order Of publication against the
! said John Martin, as such nonresident; or
| which said petition order passed BY tho
Judge OF the Circuit Court for Allegany Gown
ty, as Court OF Equity, on the day last sfore-
said, amending the said original bill and
granting the order of publication rs prayed
1t is thercupon ndjudged and ordered that
the compIaiuans by causing N copy Of this or
der to be inserted in some new spapsr pu blish-
cd at the City Of Cumberland once week for
! four successive weeks before The sixth day of
| October next, give notice to the said Sbfsnt
defendant of the object and subs:anes Of ,his
bill, and warn him to appear in this Court, In
person or by solicitor, on or before the eighth
| day Of January next, to answer the Prsmissa
and show cause, if any he has, why decree.
ought not to pass as prayed.
! HORACE RKSLgY, Clsrk.
Trne Copy: Test-HORACE RBSLEY,
Sept. d, ls92-4w. CLERK.