Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-09-24
Order of Publication.
Ann Maria Miller,
The Miller coal Company and others.

No. $40 In the Circuit Court for AlleSany
county as Court of Equity.
yu,IIp obiec, of this suit is to procure n review
| ard reversal OF n decree tor the sale OF
HE real estate of Isaac Miller late OF SAID
county. deceased, as described in his last "hI
by George A. Pcarrc, the Trustee appoihteu by
said decree. =
Tho hill states that Isaac Miller the Tather OIL
the complainant by his last.wilI ana testament
,.y-nmteJ before the nth day OF January III
the yeor of our Lord 1911, devised nii his feH'
estate 10 be rented out to Tie best advahH'se
by his executor therein named ana lne n'o",
Arising therctrom to be put into IL" ""nu' y,
a guardian to be applied to the malntain"".'
of his six children, namely, Sarah Miller WHO
is since intermarred with Noah Murrill, isaac
Miller, Kalita Miller, Susan Miller who Is since
intermarried with Hattie Colman, linn Maria
Miller and Thomas Miller who is still an IN
tant under the age OF twenty one years. mat
said testator by his said will appointed Elisha
Coombs, Executor Of said will, and that said
testator departed this lite on or ont the
thrtcenth day of February, in the year 1914,
leaving his wife Sarah Millerand his aforesaid
six children surviving him, and the sad
Coombs entered upon the discharge of his du-
ties rs such executor and received letters tes-
tamentary from the Orphans Court for said
county, on or about the first day CT April 1874
And your complainant further shows that
the said Sarah Miller widow of said tcStator,
on or about the 25th day of November in the
year 1850 filed bill of complaint in Allegany
county Court as court Of equity, praying
said court to 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
10, n
of their respective interests. And such pro-
ceedirgs were "a upon said bill in said court
.~a;nst YOUR complainant and the other chill
dren Cf said tc3tator that decree was passed
in said c,"sc ny said Court on or about The
third dav of Ju!v. 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 ats NJ lhe oth uay
of August in the year 1851 sold ali nat 'fac'
of land described in said will MS the plan uon
on which said testator then lived, to Jerry
Cowles of the city of New York, who lisa nom
resident of this State, for the sum of five hou-
snrd dollars. That said sale was ratified by
tie Circuit Court for Allegnny county as a
Court of Equity and distribution made OF the
proceeds by an audit which was ratified by
said court all Of which will appear by the pro-
ceedings in SAID cause. That said Pearrc as
trustee conveyed the said lands to Jerry Cowlcs
by deed.
That said Cowles and his wife conveyed the
| said lands to the Hampshire Coal and Iron
| Company about the 10th day OF October 1856;
ind That said company is nonresident o
| this State
That said Hampshire Coal and Iron compa
ny by deco OF mortgage on orahout the 24tl
| day of August 1854, conveyed said lands tt
Lewis Auderred and William G. Andenreit
and John Runncl Of the city of Philadelphia
George H. Potts of the State of Pennsylrsnla
and Addison Child of the city OF Boston, who
were partners, trading under the name and
style of Lewis Audenreid Co. and all o.
whom ale non. residents OF this State, to secure
| the payment Of certain monies therein stated
That id Miller Coal Company claims to be
| owner or part owner of said lands, but the
complainant docs not know by what title il
claims. That said Miller Coal Company about
the 18th day of July 1859 made deed oftrust
| and thereby conveyed said lands TO Amos X
| IIadley, who is a nonresident of said State, to
| sccuae the payment of certain bonds therein
uamed. That said Miller Coal Company be-
came indebted to great many persons who
| brought suits, against said company and some
| time in the years 1859 and 1860, said parties
recovered judgments against said company
| That John McCuloh, one of the said partle
recovered judgment against said company
| in the Circuit Court for Allegany county, fol
| the sum Of eighteen hundred dollars at Apr
| Term of said Court, tor the year 1859, and
that said judgment was the only judgment
then against said company, and the oldes
! Judgment lien upon its interest in said lands
| That n writ of ieri mcias was issued upon
said judgement to Henry r. Atkinson, Their
Sheriff OF said county, against said Miller Goa
Company, upon and by virtue CT which salt
| writ said Sheriff seized and sold all the int
rest of said Miller Coal Company in m to thu
| said lands, to one Nelson Beall. That there
WAS no power in said court to pass decree
| for the sale OF said lands. That Sarah Miller
the widow OF said intestate had no such int
res in the lands as would entitlc her to file {
! bill ard procure the passage of said decree
That Elisha Coombs was not party to sale
suit. That said original decree is null Rnt
void and that said court had no power to pas
| the same That said Sa rah Miller the mothe
of this complainant died, several years ago, ant
that this complainant became twenty-ont
! years of age in the month Of November 1862
| The bill prays an answer by the defendants
| thereto. That the original decree may he re-
viewed, reversed and set aside And for genera
| relief it is thercupon adjudged and ordered
| that the complainant by causing copy o
| this order to be inserted in some newspape
published in the town Of Cumberland, in Allo
gany courtyard state of Maryland, for no
less than one month before the 18th day o
October 500, give notice to said absent deten
dants Of the object and substance of said Bill
and warn them TO appear in this Court in per
son or by solicitor on or before the LIST day o
January 1864, toanswer the p emiseS and show
cause if any they have why decree ough
not to pass as prayed in said bill
True copy
Test-HORACE RESLEY,
Sept 10, lS63--1m. Clerk.