Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-06-26

y ASN-''''Nr
!c!eud ants, So answering, AMI oG'seunE That
no decree can be passed as prayed for ny com
plsinant for want of proper parties, until all
creditors secured by said deed and whose claims
may be unknown to them have notice Of the
object and purport Of this quit, and an oppOrtu-
nifty of producing their claims, if any there be,
and of becoming parties defen dant herein your
| complainant consents to mako any such persons
parties defendant herein, but with positive
I denial on the part Of complainant that any
! such persons exist. and protests against any
admiss of the existence of any being made
| from its so doing and Insists that any such
! pretended creditors be required TO establish any
such claims by proper proofs to be taken and
exhibited herein. Said amended Bill then
prays that Mchnffey, BlOodgood and sherman
may answer said amendment; and said Luther
X. Marsh and any other creditors, secured by
said deed of trust, remaining unsatistied, and
unknown to complainant may answer said
original and amended bills, and that the COM
plainant may have such relief against Thorn, as
is prayed in the original bill against the de-
PENDANTS, Meha fey, Bloodgood and sherman
and such other relief as to said new defendants,
MS it may show itself entitled to; and also
prays for an order of publication giving notice
to said Marsh and all persons who may have
been creditors of complainant on Septomb
3Oth, 1857, and secured by said deed of trust
of that date remaining unsatsfed, whether
who are unknown to complainant. of the sub
stance and object Of said original and amended
bills in this cause, and warning them to appear
and answer same, &c.
This said amended Bill, before any order o f
publication was issued, was also furt her amend
ed, stating in said anne ndment the flng of tho
original bill against said Mehafey, Bloodgood
and Sherman and the substance thereof; and
also. the filing of said amended Bill against
them, and said Luther r. Marsh, and unknown
parties as aforesaid. who might become PARTIES
defendant herein, of the subs stance of said orig
inal and amended Bill as aforesaid which
said last amendment was filed in this Court
on May 10th, 1869, and also states that in said
first amendment it was accidentally, and with
out any intent to delay or iniure any one inte-
rested in this cause, omitted to pray for any
order of publication or process against said de-
PENDANTS Mchuffey, Bloodgood and Sherman, no.
tifying them of said first amendment, and warn
ing them to appear and answer the game; that
shortly after the filing of said first amended
Bill, and before any order of publication could
be prepared &C., it was advised that by mad
vertcnce solely, prayer for such last order
of publication or process was omitted, aud
petition was filed, and other proceedings were
had in this cause in said Court as will appear.
Said last amendment further states, that said
Mehafcy, Blo0dgOod and Sherman still con-
tinue to be non-residents of this State, and
that the object of this last amendment is sim
ply to ask for an order Of PIT blicntion notifying
said Mehafey, Bloodgood and Sherman of said
first amendment and warning them to appear
and answer the same, and that said omission
was merely by inadvertcnce, and without any
intention to delay the said cause &c. 1t then
proceeds to pray fer an order of publication
giving notice to said Mehnfey, Bloodgood and
sherman of tho substance and object of said
two amendments of said original bill, and war.
ming them to appear and answer the same; and
also giving notice to said Luther X. Marsh land
any other creditors of complainant unknown
to it, and secured by said deed of trust of Sep
tom Der 30th, 1857. whether tho same be resi-
dents or non residents of this State, having
valid unsatiSfed claims against complainant.
and who may become parties defendant herein,
of the substance and object of said original
and amended Bill, and of this last amendment
also, and warning them to appear and answer
same &c.
1t is thcreupcn I'D Judged and ordered, thi,
18th day of May, 1862, that the complain
ant, by causing copy Of this order TO be in
serted in some newspaper published in the
city OF Cumberland, once in each of four sue
cessivc weeks before the 10th day OF June
next, give notice to the said absent defendants
Of the object and substance of this bill, and
warn them TO appear in this SQUIRT, in person
or by solicitor, on or before the 3Oth day Of
Sept'r. re1t TO answer the premises and show
cause, if any they have, why u decree ought
not TO pass as prayed.
II. RESLEY, Clerk
True copy
Test-H RESLEY,
Nav 90 lSG2-5t. Clerk.