Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1863-10-08
Order of Publication.
40 Ann Maria Miller,
The Miller coal Company and others.
vs.. .5slE-


Tho Miller coal Company and others.
No sae In the Circuit Court for AllegGny
county rs Court of Equity.
,Dy,E chico, of this suit is TO procure review
ard reversal of O decree for tie sale OF
,he reaI estate of Isaac Miller late OF said
countv deceased, as described in his last VIII
hv George A. Penrrc, the Trustee appointed ny
said decree. r.
The bill states that Isaac Miller the father oil
the complainant by his last will and testament
executed before the nth day Of January, IN
the year OF our Lord 1874, devised all his real
aatate to be rented out to tie best advantage
| Inv his executor therein named and the money
arising therefrom to be put into the hands OF
n guardian to be applied TO the maintenance
of his six children, namely, Sarah Miller VINO
| ;s since intermarried with Noah Murrill, isaac
Miller, Kalita Miller, Susan Miller who is since
| intermarr,ed with Kalite Colman, Ann Maria
Miller and Thomas Miller who is still an in
| Gaot under the age OF twenty one years. That
said testoior by his said will appointed Elisha
! Coombs Executor of said will, and that said
testator departed this lie on or out the
tbirteeath 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 les
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 18th day Of November in the
year io53 fled bill OF complaint in Alegany
county Court as a court of equity, praying
said court TO pass q 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, ana
| l.. fhn
of their respective interests. ana 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 jury, 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 plantation
on which said testator then lived, to Jerry
Cowles of the city of New York, who is nom
resident of this State, for the sum Of 1--WE thou
sand dollars That said sale was ratified by
the Circuit Court for Allegany county as
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-
ceeaings in said cause That said Pcsrre ns
trustee conveyed the said lands to Jerry Cow!cs
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 49,
und that said company is 4 nonresident Of
this State
That said Hampshire Coal and Iron compa-
ny by deed OF mortgage on or about the 2ltl
day of August 1854, conveyed said lands tc
LOWS Audenreid and William &. Audenreid
and John Runnel of the city of Philadelphia
George H. Potts of the State of Pennsy lvanin
and Addison Child of the city of Boston, who
were partners, trading under the name and
style of Lewis Audenred h Co. and all OF
whom 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 does not know by what title 1t
claims. That said Miller Coal Company about
the l4th day of July 1859 made deed of trust
and thereby conveyed said lands to Amos X
Hadley, who is q nonresident Of said State, to
secuae the payment of certain bonds lhereir
named. That said Miller Coal Company be
came indebted to great many persons who
brought suts.against said company, and some
time in the years $50 and 1850, said parties
recovered judgments against said company.
That John McCulloh, one of the said parties
recovered judgment against said company
in the Circuit Court for Allegany county, for
the sum of eighteen hundred dollars at April
Term of said Court, for the year 1859, and
that said judgment was the only judgmen,
then against said company, and 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 cou nty, against said Miller Coal
Company, upon and by virtue of which said
writ, said Sheriff seized and sold all the inte-
rest of said Miller Coal Company in an TO the
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 inte-
res t in the lands ms would entite her to file a
bill and procure the passage OF said decree
That Elisha Coombs was not party to said
suit That said original decree is null and
void and that said court had no power to pass
the same. That said Sa rah Miller the mother
of this complainant died, several years 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 and ordered
that the complainant by causing a copy Of
this order to be inserted in some newspaper
published in the town of Cumberland, in Alle-
gany countyan state of Maryland, for not
| less than one month before the 18th day OF
| October 1868, give notice TO said absent defen-
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 OF
January ls64, to answer the p. emises and show
cause if any they have why decree ought
not to pass as prayed in said bill.
Tes,--HORACE RESLEY,
Sept TO- ls63-1m. Clerk