Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-02-18

William W. Scaton, Philip Pcndcton and Vir
ginia his wife, Samuel Chiffon, Anne Pcndle
| ton, Edmund II. Pcndlcion, Charlotte PEN
dlcton, Edmund Pendeion, +. Boyd Prndle
| ton, 7. Yates Walsh, John Walton, Henry
A. Jamison and Charles X. Bruce.
In the Crcui, Court for Allcgany County, rs
Court of Equity, No. l472.
THE object of this suit is to procure a
| i decree for the sale Of certain mortagaged
premises in Alcgany County, and in the Stat,
Of Maryland, which were ON the twenty SIKH
| day Of February, in the year eighteen hundred
and forty six motgaged by II certain William
| W Scnton OF the city of Washington, in the
District of Columbia, and Sarah W. Scaion,
his wife, to the complainant of Thomas Brown
and certain Matthew Gay (whum the complain
ant hath suriiycd) as Executors of the last
will and testament OF Alexander Smith, de-
ceased.
The bill states that on The said Goth day OF
| February III the year of $40 the said William
W. sicaton and Sarah W. Scnion, his wife by
deed of mortgage of that date conveyed unto
| the said Thamas Brown aud Matthew Gay rs
Executors Of the last Willard testament Of Al
cxaiidcr Smith, deceased, certain real estate
| lying in said Alleg.tny County and particularly
! described in said decd Of mortgage, (Which is
| exhibited with the BID to secure unto the said
Executors payment of the sum Of twenty-five
hundred dollars then due and owing 10 them
from the said William ". .3eaton. within six
| years from the date of the said decd Of mort
gage, with the interest thereon, to be paid
scmi-annually.
That all the interest which accrued due ul
to the twenty sixth day Of August in the year
| eighteen hundred and fifty six, upon the sai!
mortgage debt has been paid ms also for inter
est and principal the further sums of six hun
drcd dollars on the 18th of October 1856 one
hundred and eight dollars in the fall ofthc year
| 1851 and two hundred and thirty-six dollars
| and sixty five cents on the 9Th day of Novcm-
| Der in the year $40 but that the whole resi-
| due Of said debt is still due and unpaid, at
| though the time limited for the payment thereof
| has aspircd.
That the said Matthew Gay has departed this
| life tearing the complainant the sole surviving
| Executor Of the last will and testament Of the
said Alexander Smith. That on the 9Th day
| of May in the year 1853 the said William W.
Scaton and wife, by their deed of that date,
| conveyed the same real estate to Philip Pcndlc-
, ton ms appears by IL certified copy Of said deed
exhibited with the Bill. That on the said
twenty fourth day of May in tie year ls:S, the
said Pl.lip Pendlcton and Virginia his wife,
| by their deed Of that date. "a copy whereof is
exhibited with the Bill conveyed the same real
| estate to certain Samuel Chiffon, of the Di,-
| trict of Columbia in trust, 10 secure unto the
| said william W. Scaton payment of the sum
| of seven thousand seven hundred and one dol
lars and thirty seven and one half cents, in the
manner and ri the times specified in said last
| decd
| Tina, on The 2sth of august in the year Sol
| the said Philip Pcndleton, by his decd Of mort
gage of that date, did convey unto Philip c
Pendlcton Of Bcrsely County, in the State OF
Virginia, the same real estate TO secure unto
the said Philip t.. PcndlcIcn payment of the
sum OF eight thousand dollars in the manner
expressed in said last decd Of mortgage, rs by
II copy thereof exhibited with the Bill APP
pears.
That ON The eighth day Of August in the
year 1859 the said Philip pendleton and Viz
ginia, his wife, by their deed 0! that date did
convey unto Anne Pcndeton of the City Of
Cincinnaiti in the State Of Ohio now the widow
of Nathaniel G.. PcndIcton deceased, for and
during the term of her natural life, with re-
mainier over in fee to Edmund u. Pcndcton and
Charlotte Pcndleton Of the said City OF Cincin-
| natt q part Of the aforesaid real estate (con-
tanning upwards ofcight acres particularly men
toned and described in said last deed and which
on reference to Il certified copy of said last
deed, (also exhibited in the Bill will fully ap-
| pear.
That afterwards and in the month Of Deem
| Der 1863, the said Sarah W. Scaton departed
| this life.
That since the date Of the said deed of mort
gage to him and within few wears past, the
| s,id ph;lin G. pcrdlrton hath dcr,rtci his lifp
bearing last will and testament whereby Ed
mend PcndeIon and J.. Boyd Pcndleon OF
i'crkely county in the State Of Virginia, are
| appointed his Executors, but as the complains
ant is advised, the said last mentioned will and
testament have never been duly proved nor
have the Executors thereof undertaken TO act
as such, hereunder.
| That the complainant is advised that the said
Edmend II. Pcndlcton is an infant under the
| age of twenty-onc years.
The bill also further states that since the date
Of the said deed Of mortgage from the said Viii
liam W. Seaton and wife, to the said Thomas
Brown and Matthew Gay, rs Executors of said
Alexander Smith, several judgements for the