Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-07-22

In the matter of the Petition for spe.
chic performance of contract, of James
Locke, decd
CAMERA COUNTY, ss:
1he Commonwealth of PENNSYLVANIA
To James Brady, and Mary his wife
EDWARD Mapir and Eliza his wife, b.
hush Petriken, John c. Robb and Susan
his wife, Benjamin Mueford and Rachael
ms wife, Alexander Locke, John Landin.
and Sarah his wife, John Wright, r. X.
brdgens, w. A. Simpson and George Nj.
DIcklnson-GREETING:
whereas, AT an Orphans Court held
at Ebensburg in and for said County on
the first day of June A. ID. 1868, before
the Judges of the said Court The pc
ttlon of John Locke one of the Admins
traitors OF James Locke late of Williams
| port decd was presented setting forth.
hat the said James Locke and John
| Wright being the owners as tenants in
common IN fee of certain lands situated in
| w Whlte township Cambria county known
and designated as follows: One tract
containing four hundred and eighty-nine
| acres called " "Auburn' one other tract
elghty-one perches called q Gaywood,"
and one other tract containing four hun
dred and eighty-nine acres called /" Abbe-
vile " being the same lands conveyed by
Edwin Swift to the said James Locke and
John Wright by deed bearing date June
2lst 1854 and known as the Blackwell
lands :-Entered into a contract on the
18th day OF December A. ID. 1859 with
X. X. Bridgens, w. A. Simpson. and
George NJ. Dickinson, of Clinton county
Tor the sale of said lands: They the said
Bridgens, Simpson and Dickinson agree
ing to pay therefor the sum of nine thou
sand dollars in the manner following
that is to say, twenty dollars in hand the
receipt of which was duly acknowledged:
Twenty nine hundred and eighty dollars
on the first day of April A d. 1860,
three thousand dollars on the first day of
June A. ID. 1861, with interest, and the
balance being, three thousand dollars on
the first day of June A. d. 1862, with
interest. Which said agreement though
put in writing and signed by the said
John Wright was never signed by the
said James Locke although he was well
acquainted with its terms and was well
satisfied that it should be carried into
effect. That afterwards the said Brid-
gems, Simpson and Dickin son made sun
dry payments in compliance with the
provisions of said agreement, to wit
About three thousand dollars (or the first
paymenD in the lifetime of said deceased
and that the second payment has been
made full to John Wright and the peti-
toner: as also a portion of the third and
last payment: that the said James Locke
died on the tenth day of May A. d.
1881 without having made any provision
for perfecting the title to said Bridgens,
Simpson and Dickinson, to said tracts of
land That letters of Administration on
his estate have been granted TO the peti-
toner, and l.. ID. Ranch: and that JOhn
Wright the surviving vender is desirous
TO perfect the title aforesaid TO the said
Bridgens, Simpson and Dickinson, who
are willing to perform their part of said
contract. And praying the Court to
award and make a decree for the specific
performance of the same according to the
true intent and meaning thereof &c.
And now lst June 1868 petition read
and suhioined awarded. To be served
personally on James Brady and Mary
his wife, Edward Mapir and Eliza his
wife, b. Rush Petriken, John C. Robb,
and Susan his wife, Benjamin NIulfor and
Rachel his wife, and on Alexander
Locke, and John Landen and Sarah his
wife, by advertising in one paper in Cam
bria county and sending a copy to the
Post Office nearest their residence Also
upon John Wright, r. r. Bridgens, w.
A. Simpson, and George nj Dickinson,
personally.
BY the Court
Now you and every of you are there
fore commanded to be and appear
at an Orphans Court TO be held at
Ebensburg in, and for, the County of
Cambria on the first Monday of Septem-
Der, next, to show cause if any you have
why the said contract should not be pro-
ven and performance thereof decreed.
Witness the Hon. George Taylor Presi-
dent Judge of our said Court at Ebens-
burg this first day of June A. ID. 1868.
f. +. LYTLE,
Clerk Of Orphans Court.
Jul,, * 1864 81