Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-06-19

| secured by said deed; but at instance OF said
defendants, so answering, and ohJecting thht
no decree can be passed as prayed Tor by com,
plainnnt for want of proper parties, until all
| creditors secured by said deed and whose clllms
may be unknown to them have notice OF the
object and purport Of this suit, and an opportu-
nifty of producing their claims, II any there De,
and of becoming parties defendant; herein your
| complainant consents to make any such persons
parties defendant herein, but with II positive
| denial on the part of complainant that any
such persons exist, and protests against any
admission 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 ana
exhibited herein. Said amended Dill then
prays that Mchaiiey, Bloodgood and sherman
may answer said amendment; and said Luther
r. Marsh and any other creditors, cured by
said deed of trust, remaining unsatished, and
unknown to complainant, may answer SAID
original and amended bills, and that the COM
plainant may have such relief against Thorn, az
is prayed in the original bill against the de-
PENDANTS, Mehaffcy, Bluodgood and sherman
and such other relief ms to said new defendants,
as it may show itself entitled to; and also
prays for IN order of publication giving notice
to said Marsh and all persons who may have
been creditors of complainant on September
30th, 1857, and secured by said deed OF trust
of that date, remaining unsatisted, whether
/
who are unknown TO complainant, of the sub
stance md 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 Of
publication WAS issued, was also further amend
, cd, stating in said amendment the ling OF the
original bill against said Mehalfey, Bloodgood
and sherman and the substance thereof; and
also the filing of said amended Bill against
them, and said Luther Il. Marsh, and unknown
parties as aforesaid, who Sht become parties
defendant herein, of the subs lance of said orig
inal and amended Bill as aforesaid; which
said last amendment was filed in this Court
on May 10th, 1862, and also states that IN Sald
first amendment it was accidentally, and with
ont any intent to delay or injure any one inte-
rested in this cause, omitted to pray for any
order of publication or process against sald de-
PENDANTS Mehafey, Bloodgood and Sherman, no.
tfying them of said first amendment, and warn
ing them 10 appear and answer the same that
shortly after tho filing of said first amended
Bill, and before any order of publication could
| be prepared, &c, it was advised that by inad-
| vertence solely, n prayer for such last ORDER
| of publication or process was omitted, ana IL
petition was fled and other procec dings were
! had in this cause in said Court as will appear
| Said last amendment further states, that SAID
! Mehafley, Boodgood and Sherman still con,
! tinuc to be non residents OF this state, ana
| that the object of this last amendment Is SIM
| ply to ask for an order of publication notifying
| said NJ ehatley, Boodgood and sherman OF SAID
! first umendm cnt and warning them to appear
and answer the same, and that said omission
was merely by inadvortence, and without any
! intention to delay the said cause &c. 1t then
! proceeds to pray fer mn order OF publication
giving notice to said Mehnfey, Bloodgood and
Sherman of the substance and object OF said
two amendments of said original bill and war;
ming them to appear and answer the zane; and
also irving notice to said Luther X. Marsh,and
any other creditors of complainant unknown
toit, and secured by said deed Of trust of Sep.
tenn Der Goth. 1857, whether the same be resi'
dents or non. residents of this State, having
valid unsatisied 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 warming them to appear and answer
| same &c.
1t is therenpcn adjudged and ordered, this
2Sth day of May, 1862, that the complain
ant by causing a copy of this order to be in
serted in some newspaper published in the
city Of Cumberland, once in each four sue
cessivc weeks before the 39th 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 :onrt,in Ierso'
or by solicitor, on or before the 3Oth day
Sept'r. next 10 answer the premises ana snow
cause, if any they b.ve, why decree ough
not TO pass as prayed.
H. RESLEY, Clerk,
Tcst-H. RESLEY,
Nav 90, lsG2-5t. Clerk.