Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-09-18
Order of Publication.

George A: Thruston, J. In the Circuit
Charles B. Thrustou and Court for Al
Thomas Devecmou legany Coun-
Qs ty as q Court
John Shane John Martin OF Equity.
and others. No. 1894.
THE object of this suit is to procure a de-
Il cree for the sale o. 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
ffty-uine the compIainants agreed 10 sell to
tie said John Shane two certain lots OF ground
living and being on the west side Of Wills
creek, in the City Of Cumberland, numbered.
respectively, one hundred and twenty-eigh;
G23) aud one hundred and twenty nine, 1891
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 b. ndred dollars,
dated on the 22d day Of February, 1859, with
interest from the lst day of April, 1859, has
been paid: hut the other ofssid notes dated Oh
the said 22d day Of February, 1885, payable
to the complainants, or oiGer, on the first day
of April, SOL, 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
~ NC - 49, - ~" vac '''
maTheu i1""'''' ~ l.
mat iatre WINS eaecu'eu "uu ue"'er 10
the said John Shane, at the time OF said sale
nm agreement in wri.ing by the said complain.
ants TO convey the said two lots 10 him on iuil
payment Of the purchase money aforesaid; but
the said complainants have never siace had
any possession or control of the said written
agreement, ana therefore cHhnoi e%illMt II with
their MI, nor be more particular IN their
sla tement as TO It's contents.
hat slnce The dH'e OF the written agreement
s'id shane has always been 10 possession Of
the said premises, so rs aforesaid sgreed 10 be
sold to han
That the saa promS'orY uote led with the
bill and marked L&Hioit NO /; had hren "
dorscd and the payment thereof guaran eed ny
the compananls, and on its maturity the said
John shane having '"'ied "hG refused to P"y
the same the saiu compliments were obliged
in pursuance of their said guaranty, 10 take it
up and pay The amount TO the holder hereof
whe bad juc saine duly protested.
That The legal I'll, 10 Said lot OF ground re-
malned ami couunUed n the sad Compi7ln,nts
whose vendor $ lien Tor the sand balance OF
purchase money, unpaid, mas been ~ no " Use
Watyed, transferred or impaired; ana iimt the
sa'u lC'"P'd'n""'s "Ie Nv v i'c'' .u"' '"tH "'c
entitled to have said premises sold Tor the pay
ment and satisfaction for the a!orssuj" unpaid
balance OF purchase money.
The III 'urther states that the comrI.inanIs
are Ia FORMED ana hen'Ve ihat the sa'd John
shame pam sol" or agreed 10 srl' "A'o 'Fr-
"h''h. M,''"", OF ".',F"Al ,''1lN' HI hla
J" Iri'a' !" '"e ""t'."'d Two 'olS 81 gl"n".,.
"!l"J"~n the CO." P!"nah's are not advised oi
'"t "''"I' Or pw''Su'"iS oi sue" S'''". EoT r'
Ia" amount o' money y any wa paul ny
, ne S"'" "",'' d" '"t s."" 0"hn Ha@H'' "'t
a'' ,'',' ".' 90. 40 ."'Ae '"' sal" "'''0 ''.'I'
u, 1T ..' "" ,'.' @-'"
10, OIL ia, O. p: ."'ts mn" HtFr"'s .r 'Ie
irc"F"S 81 zee NI'u't Court 'lr a e:HnF
IH"o'I ''"' Ju"r"e''. aSai"'' me sad '''h
Hnahe h""e nten "o.olhea ihere,h IN i"Yor OF
H!FI."s De'l', i'!ath ARNOLD shd "e3Fge
" q ""',, M" I'r's'T'h AZ partners lraut"E