Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-09-10
Order of Publication.
Ann Maria Miller,
The Miller coal Company and others


The Miller coal Company and Others
NO. $40 In the Circuit Court for Allegany
county MS a Court of Equity.
hINiE object of this suit is to procure n review
Il "Iu reversal or decree tor the sale of
'he real estate of Isaac Miller late of said
county, deceased, as described in his last will
Dy George A. Pearre, the Trustee appointed by
The bill states that Isaac Miller the totbsr of
the complainant by his last will and testament
executed before the 18th day of Januarr :,
the year OF our Lord 1874, devised all his leal
estate to be rented out to the best ad VANTAGE
by his executor therein named and the money
arising therefrom to be put into the hands Of
guardian to be applied to the maintenance
OF his six children, namely, Sarah Miller who
is since intermarried with Noah Murril, Isaac
Miller Kalta Miller, Susan Miller who is since
intermarried with Katie Coman, Ann Maria
Miller and Thomas Miller who is still an in
fact under the age OF twenty one years. That
said testator by his said will appointed Elisha
Coombs, Executor of said will, and that said
testator departed this life on or n out the
thirteelth day of February, in the year 1874,
leaving his wife Sarah Miller and his aforesaid
six children surviving him, and the said
Coombs entered upon the discharge of his du-
ties as such executor and received letters tes-
tamentary from the Orphans Court for said
| And your complainant further shows that
the said Sarah Miller widow of said testator,
on or about the 25th day OF November in the
year 1850 filed a bill of complaint in Allegany
county Court as n court of equity, praying
said court 10 pass decree for the sale of the
said real estate, and for distribution of the
proceeds of such sale among the said children
| OF said Isaac Miller, all of whom were then in
| fants under the age of twenty one years, and
the said widow according to the proportions
of their respective interests. And such pro-
ceedirgs were bad upon said bill in said court
against your complainant and the other chill
dren of said testator that decree was passed
in said cause by said Court on or about the
third day of July, in the year of our lord, 1851
| for the sale of said lands, and George A. Pear
re was thereby appointed Trustee to make said
| sale, and said Trustee, on or about the 9TH day
| Of August in the year 1851 sold all that tract
Of land described in said will as the plan tation
on which said testator then lived, to Jerry
Cowles of the city of New York, who isan nom
resident of this State, for the sum of five thou
81 nd dollars. That said sale was ratified by
the Circuit Court for Allegany county rs
Court of Equity and distribution made of the
proceeds by an audit which was ratified by
| said court NIL of which will appear by the pro-
ceedings in SAID cause. That said Pearre rs
trustee conveyed the said lands to Jerry Cowles
by deed r.-
|
said lands TO the Hampshire Coal and Iron
Company about the 10th day of October 1851
end that said company is nonresident Of
this State aF.Hr
That said Hampshire Coal and Iron compa-
ny by deed OF mortgage on or about the Gath
day of August 1854, conveyed said lands to
Lewis Audenreid and William G. Audenreid
and John Runnel Of the city of Philadelphia,
George H. Potts of the State of Pennsylvania
and Addison Child of the city Of Boston, who
were partners, trading under the name and
style of Lewis Audenreid Co. and all of
whom ale non residents OF this State, to secure
the payment OF certain monies therein stated.
That 81 id Miller Coal Company claims to be
owner or part owner of said lands, but the
complainant doe 5 not know by what title 1t
claims. That said Miller Coal Company about
the l4lh day of July 1859 made deed of trus I
and thereby conveyed said lands to Amos X
I1adley, who is u nonresident of said State, to
secuae the payment Of certain bonds therein
named. That said Miller Coal Company be-
came indebted to great many persons who
brought suits''aganst said company, and some-
time in the years 1859 and 1860, said parties
recovered judgments against said company.
That John McCullob, one of, the said parties
recovered o judgment against said company
in the Giro nit Court for Allegany county, for
the sum of eighteen hundred dollars ut April
Term of said Court, for the year 1850, and
then against said company, aud the oldest
judgment lien upon its interest in said lands.
That writ of feri facias was issued upon
said Judgement to Henry r. Atkinson then
Sheriff OF said county, against said Miller Coal
Company, upon and by virtue Of which said
writ said Sheriff seized and sold all the inte-
r rest of said Miller Coal Company in an TO the
J said iands, to one Nelson Beall. That there
was no power in said court TO pass a decree
for the sale of said lands. That Sarah Miller
the widow OF said intestate had no such into
rest in the lands as would entitle her to file =
bill and procure the passage Of said decree.
That Elisha Coombs was not q purity TO said
suit. That said original decree lis null and
void and that said court had no power to pass
1 the same. That said So rah Miller the mother
of this complainant died, several ears ago, and
that this complainant became twenty-one
years of age in the month of November, 1862
The bill prays an answer by the defendants
thereto. That the original decree may be re-
viewed, reversed and set aside. And for general
relief it is thereupon adjudged aud ordered
that the complainant by causing n copy of
this order to be inserted in some newspaper
published in the town of Cumberland, in Allie
gany courtyard state of Maryland, for not
less than one month before the 9th day OF
October 1863, give notice TO said absent defen-
dants of the object and substance of said Bill,
and warn them 10 appear in this Court'in per-
son or by solicitor on or before the LIST day OF
January S64, to answer the p. emiscs and show
cause ii any they have why decree ought
not to pass as prayed in said bill.
+ ... Test-HORACE RESLEf,
+ Sept. 10, ls63-1m. .Ai Clerk.