Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-02-11

deceased
William II. Scaon. Philip Pcndlcton and Vir-
gnid his wife. Samuel Chiffon. Anne Pendle-
ton, Edmond II. Prndclon, Charlotte PEN
dlcton, Edmond Pendlcion, T.. Boyd Penile-
ton. I. Yates Walsh. John Walton, Henry
A. Jami-on and Charles X. Bruce.
In the Circuit Court for Allegnny County, as II
Court Of Equity, No. li72.
1--WE object of this suit is to procure a
l. decree for the sale of certain mor'agaged
premises in Allcgany County, and in the State
OF Maryland, which were on the twenty sixth
day of February. in the year eighteen hundred
and forty six mu,teaged by a certain William,
". Senton of the city of Washington, in the
District of Columbia and Sarah ". Scaton,
his wife, TO the complainant of Thomas Brown
and II certain Matthew Gay fwhom the complain
an; hath survivcd) as Executors of the last
will and testament of Alexander Smith de-
c"6rcd.
The bill states that on the said Goth day OF
February in the year of 1916 the said William
". Scaton and sarah W. Scaton. his wife nv
deed Of mortgage of that date conveyed unto
the said Thanas Brown and Matthew Gay us
Executors of the last viii and testament Of Al
rxahdcr Smith. deceased. certain real estate
lying in said Allegany County anti particularly
described in said deed Of mortgage, (which is
exhibited with the BID to secure unto the said
Executors payment of the sum pf twenty-five
hundred dollars. then due and owing to them
from the said William W. Seator, within six
years from the date of the said deed of mort
gage, with the interest thereon, Us be paid
scmi-auuualy.
That all the incrcs, 'vhich accrued due up
10 the twenty sixth day of August in the year
eighteen hundred and fifty six, upon tie said
mortgage debt has been paid rs also for Inter
cs and principal the further SUMS Of six hun
drcd dollars on the 18th of October ls5R, bne-
huadrcd and eight dollars in the fall ofthe year
1851 and two hundred and thirty-six dollars
and sixty five cents on the 9TH day of NOvcm-
Der IN the year 1853; but that the whole resi-
hue Of said debt is still due aud unpaid, a.
though the time limited for the payment thereof
has asrircl.
That the said Matthew Gay has departed this
life tearing tie complainant the sole surviving
EXccutor OF the last will and testament of the
said Alexander Smith. That the 24th day
of MAY in the year Sj3 The said William W.
Seaton and wife, by their deed Of that date,
conveyed the same real estate to Philip Pendlc-
ton us appears by a certified copy Of said deed
exhibited with the Bill That ON the said
twenty fourth day of May in the year 1858. The
said Philip fcndlcton ard Virginia his wife,
by their deed OF That dare, IL copy whereof is
exhibited with the Bib conveyed the same real
estate 10 II certain Samuel Chiffon, of the Dis
irirt of Columbia in trust, to secure unto the
snid William ". Scaton Jnymestt of the sum
Of seven Thousand seven hundrei and one dol
lars and thirty seven and one half cents, in the
manner and ut the times specified in said last
deed.
That on the 2sth of August in the year 1854,
the said Philip fcndlcton, by his deed Of mort
gage oi that date, did convey unto Philip &.
Pcndlrton of B,rhcly County, in the State Of
Virginia the same real estate to secure unto
,he said Philip {. Pendle;on paymcn. of the
sum Of eight thousand dollars in the manner
expressed in said last deed OF mortgage, as by
Il copy thereof exhibited with the Bill APP
pears.
That on the eighth day of August in the
ye.tr 1853 the said Philip PendIetom and tir-
s.!n!a, his wife, by their deed Of that date, did
convey unto AEne PcndletOu OF the City OF
in the state ui OHIO, now he widow
OF Nathaniel &. PcndlciGn deceased, for and
during The term Of her natural life, with re-
,rairnlcr over in fee to Edmond II. Fendle,on and
/ Charlotte Pcndieton OF the said CITY Of CincIn-
nn,,i . part of the aforesaid real estate ICON
tanning upwards ofeighi acres particularly men
toned and described III said last deed and which
ON reference to certified copy of said last
deed. (aiso exhibited in the Bill will fully APP
pear.
That afterwards and in the month Of Deccm-
her 1863, the said Sarah ". !Scaton departed
tins lie
That since the date o! the said deed Of mort
gage to him and within few years past the
said Philip E. Pcndleton hath departed This life
bearing a last will and Testament whereby Ed
mend Pendicton and i. Boyd Pendlcton of
Bcrkrlv county in the State of Virginia are
appointed his Executors, but is the complain
ant is advised, the said last mentioned will aud
IN. mt ily l.,.n I,ttK
have the Executors thereof undertaken to act
as such, hereunder.
That the complainant il advised that the s"ii
Edmemd II. Pendcou is an infant under the.
age Of twcnty-onc wears.
The bill also further states that since the date
OF the said decd OF mortgage from the said VIII
liam W. SCaton and wife, Ia the said Thomas
Brown and Matthew GAY, as Executors of said
Alexander Smith. several jud .ements for the
sums ui money therein mentioned respectively
have been obtained, in the Circuit Court for
sand Al.rgany County against the said Philip
PeBd'eton by J. Yates Walsh, John Walton
Henry A. faIhison and Charles X Bruce of
the State Of maryland, respectively, as will ap-
pear by certified copies Of the said several iudc-
mcEts, iilci and exhibited with the Bill. And
that the said William W. Seaton, Philip Pen
dieton and Virginia Pcnde,ou. his wife Sam
uel Chiffon. Anne Pendlc.on, EdInend II
j tIiltlOi' 'H"I'Otlt ItNtlltIDnf huUlDnu rem
dleton and L Boyd Pendleton resideni OF the
State of Maryland and tic Bill prhys that Inc
said real estate ma, he sold for pay flient of the
coinp!ainants aforesaid mortgage debt and in
terest, due rs aforesaid
|, s therurDr atjudged and ordered that
the complainant by causing a copy of this order
TO be inserted in some newspaper published in
the City of Cumberland once !, weeH for four
successive weeks before the tenth day of March
next give notice to the said absent defendants
of the object and substance 81 this Bill and
warn them and each of them TO appear in this
Court in person or by solicitor, ON or before
the thirnteenth dag Of June next, TO answer the
premises and show cause if any they have why
a decree ought not to pass as PRAYED.
.' lf- HORACE RESLEY,i Clerk,
True copy rE Fl
Feb. 4, 1894 Il.