Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-09-25
Order of Publication.


George A Thruston, In the Circuit
Charles B. Thruson and Court for Al
Thomas Dcvecmon legany Coun-
rs. ty rs a Court
John Shane, John Martin OF Equity.
and Others. No. 1894.
! TNlIE object fthis suit is to procure de-
Il cree for the sale OF certain real estate, ly-
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 ed day
Of February, in the year eighteen hundred and
hity-nlne, the complainants agreed 10 sell to
tl,e said John Shane, two certain lots OF ground
lying and being on the west side Of Wills
creek, in the City of Cumberland, NUN bered,
respectively, one hundred ana twenty ght
| (I2S) and one hundred and twenty nine, (l 90 !
| for the sum of one thousand dollars. That
after the said purchase the said Johu Shane
| paid the sum OF one hundred dollars, and gave
| bis two notes for the balance, one OF which
said notes, for the sum offour Int ndrcd dollars,
dated on the I'D day of February, 1859, with
interest from the LIST d,y of April 1859 has
been pad; hut the other Of said notes dated on
the said 22d day Of February, 1859, payable
to the complainants, or order on thu first day
of April 1861, for the sum OF five hundred dol
lars, with interest from the first day Of 4 pri,
1859, has not been paid, but Is due and owing
to the compartments, aud is flied with the bill
marked Exhibit No. /.
That there WAS executed and deliver d to
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 fuIl
payment of the purchase money aforesaid: hut
the said compliments have never since had
any possession or control of The said written
agreement, and therefore canno. exhibit il with
their bill, nor be more particular in their
statement rs 10 its contents.
That since the date OF the written agreement
sud Shane has always been in possession of
the said premises so rs aforesaid agreed 10 be
sold TO him..
That the said promissory note filed with the
bill and marked Exhibit No. l. had been en-
dorScd and the payment thereof guaranteed by
the comp'aiunnls, and on its maturity the said
John Shane having failed and refused TO pay
the same, the said complainantS were obliged
in pursuance OF their said guaranty, to take il
up and pay the amount 10 the holder thereof
who had the same duly protested.
That the legal title to said lot OF ground re-
manned and continued in the said complaIuants
whose vendors lien for The said balance Of
purchase money unpaid, has been in no wise
waived, transferred or impaired; and that the
said comPlainnnts are advised That they are
entitled 10 have said premises sold for the pa e.
ment and satisfaction for the aforesaid unpaid
balance OF purchase money.
The i'll turiher states that the comPhtinants
are informed and believe that the sR:d john
Shane bath sold or agreed to sell unto GER
tam John Mhriln, OF Al!"gany County, all his
interest IN The aforesaid TWO lo'S ol ground,
although the compliments are not advised OF
the nature or particulars OF such sale, nor OF
" II Mi l,,s