Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-07-10

secured by said deed; but at instance of said
defendants, so answering, and Directing that
no decree can be passed as prayed for by COM
planant for want OF proper parties, until all
creditor: secured by said de and whose Claims
may be unknown to them have notice Of the
object and purpOrt OF this suit, and an opporta-
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 a positive
denial on the part of complainant that any
such persons exist, and protests against any
admis sion of the existence of any being maae
from its SO doing; and inssts that any such
pretended creditors be required to establish any
such claims by proper proofs to be taken ana
exhibited herein. Said amended BIZ then
! prays that Mehaffey, BlOodg"od and sherman
may answer said amendment; and said Luther
| X. Marsh and any other creditors, secured oy
said deed OF trust, remaining unsatshed, and
unknown to complainant, may answer said
original and amended bills, and that the COM
| plainant may have such relief against thom. as
! is prayed in the original bill against tho de-
PENDANTS, Mchaffey, Bloodgood and sherman
and such other relief rs 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 person. who may have
! been creditors of complainant on September
goth, 1851 and secured hy said deed OF trust
! of that date, remaining unsatished, whether
( residents or non residents Of this state and
who are unknown to complainant, OF tho 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 OF
publication was issued, was also t"rthcr amend
ed, stating in said amendment tho hling OF tho
original bill against said Mehafey, BloodSood
and Sherman and the substance thereof; and
also, the fling of said amended Bill against
them, and said Luther X. Marsh, and unknown
parties as aforesaid, who might become parties
dcfen lant herein, Of the substance of said orig
inal and amended Bill as aforosaid which
said last amendment was filed in this Court
on Nav 10th, lSG2 and also states that in said
first amendment it was accidentally, and with
out any intent TO delay or iniure any one inte-
rested ia this cause, omitted to pray for any
order Of publication or process against said do
fendaLts Mehtfcy, Bloodg God and Sherman, n o.
tifying them If said first ant ndment, and warn
ing them TO appear and answer the same; that
shortly after tho filing Of said first amended
Bill, and before any order of publication eouiu
be prepared, &C., it was advised that by mad
vcrtence solely, prayer for such last oraer
of publication process was omitted, and a
, petition was filed, and other cding. were
, had in this cause in said Court rs Will appear.
, Said last amendment further states, that said
, Mchahcy, RluOdgood and Sherman still con-
tinue TO he non residents Of this state, and
:
ply to ask for an order of p, blication ing
said Mehaney, Bloodgood and sherman Of said
: first amendm cnt and warning them to appear
and answer the same, and that said omission
{ was merely by inadvcrtence, and without any
intention to delay the said cause &c. II then
proceeds to pray fer mn order Of publication
giving motto. to said Mchnf1oy, Bloodgood and
Sherman Of the substance and object of said
two amendments o said original bill, ana war.
, MIN, them to appear and answer the same; and
also Giving notice to said Luther II. Marsh,and
r any other creditors Of complainant unknown
to It, and secured hy said dced Of trust Of Sep
, TENDER goth, 1857, whether the same DO rcSi-
dents or non residents of this State, having
valid unsatiSfed claims against complainant.
and who may become parties defendant herein,
Of tho substance and object of said original
and amended BILL and Of thi. last amendment
also, and warning them to appear and answer
same &c.
1t is thereupcu adjudgea and ordered, TINS
2Sth day of May, 1862, that the complain
ant, hv causing 4 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 lie ore the 10Th day of Jur'
next, give notice to the said absent defendant
of the object and substance OF this bill, an'
warn them 10 appear in this court, in perso'
or by solicitor, on or before the som day
Sept'r pext, 10 answer tho premises and SNOW
cause, if any they have, why n decree oush
: not to pass as prayed
. True copy
Test-U. RESLEY,
Nay 90 ls62-5t. CLERK.