Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-06-12

secured by said deed but at instance of said
| defendants, SO answering, and objectng that
no decree can be passed us prayed for by com
plainant 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 suit, and an opportu-
nifty of producing their claims, if any there be,
and of becoming parties defendant ; herein your
| complainant consents to make any such persons
parties defendant herein, but with 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 doing; and insists that any such
pretended creditors be required to establish any
such claims by proper proofs to he taken and
exhibited herein. Said amended Bill then
prays that Mchafley, Bloodgood and sherman
may an Swcr said amendment and said Luther
X. Marsh and any other creditors, secured by
said deed of trust, remaining unsatisfed, and
unknown to complainant, may answer said
original and amended bills, and that the com
plainant may have such relief gainst thom, as
is prayed in the original bill against the de-
PENDANTS, Mehaffey, Bloodgood and Sherman
and such other relief to said new d defendants,
as 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 September
30th, S57, and secured by said deed of trust
of that date, remaining unsntisfed, whether
residents or non-resluenIs OF lHls STATE ana
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 Bll, before any order of
publication was issued, was also further amend
ed, stating in said amendment the Fl ling Of the
original bill against said Mehafey, Bluodgood
and sherman and the substance thereof and
also, the filing of said amended Bill against
them, and said Luther II. Marsh, and unknown
parties as aforesaid, who mi ght become parties
defendant herein, of the substance 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 said
first amendment it was accidentally, and with
out any intent to delay or iniurc any one intc-
rested in this cause, omitted to pray for any
order of publication or process against said de-
fendarts Mehaffey, Bloodgood and Sherman, no.
tifying them of said tirstamendment, and warn
ing them TO appear and answer the same 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
vertence solely, prayer for such last order
| of publication or process was omitted, aud
petition was filed, and other procee dngs were
had in this cause in said Court as will appear.
| Said last amendment further states, that said
Mehaiey, BlOodgood and Sherman still con-
tinue to be non-residents of this State, and
| that the object of this last amen dment is SIM
| ply to ask for nm order of publication notifying
said NJ ehaffey, Bloodgood and Sherman of said
| first amendm cnt and warning them to appear
and answer the same, and that said omission
was merely by inadvertenco, and without any
! intention to delay the said cause &c. 1t then
! proceeds to pray fer an order of publication
| giving notice to said MehaAey, 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 same; and
! also giving notice to said Luther r. Marsh, and
| any other creditors of complainant unknown
to it, and secured by said deed of trust of Sep
| tembcr Goth, 1857, whether the same be resi-
dents or non residents of this State, having
valid unsatisfcd claims against complainant.
and who may become parties defendant herein,
of the subs tance and object of said original
and amended Bill, and Of this last amendment
also, and warning them to appear and answer
same &c.
II is theroupcn adiudged and ordered, this
28th 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
ccssive weeks before the goth 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 court, in person
or by solicitor, on or before the 3Oth day oil
Scpt'r. pext, TO answer the premises and show
cause, if any they have, why decree ought
not to pass as prayed
II. RESLEY, Clerk.
Test-H. RESLEY,
May 20, lsG2-5t. Clerk.