Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1871-08-04

TTNHE object of this suit is to procure De-
Il cree for a sale Of certain moFtgaged
premises, situate and lying in said Montgomery
county, which were, on the 10th day OF Octo-
Der, 1865, mortgaged by acertain Joseph " hit
ney, (since deceased, J to a certain Richard p.
Harris, which said mortgage ard debt thereby
secured are now, by virtue Of two several as
sgnments, owned by the complainant, Martha
Jones.
The bill states, that on said 10th day of Oc-
tober, 1865, the said Joseph Whitney, deceas-
ed, conveyed certain Real Estate, which is
particularly described in the bill and accom-
panying exhibits, 10 the said Richard &. Har-
ris, by way ofmortgage, 10 secure the payment
of the sum OF seven hundred dollars, with in
terest thereon from the 9th day Of July, 1865,
in five insiallments, the last Of which fell due
on the first day of April, 1871.
That, on said 10Th day of October, 1865
1.-THE day OF its first date The said Richard =.
Harris duly assigned said'mortgage, in writing,
to Mrs. Katy G. Benton, who, on the I'd day
Of June, 1871, duly assigned the same to the
complainant, Martha Jones, as will appear by
exhibits filed with the bill.
That on the 10th day Of October, 1861, the
said Joseph Whitney, by his deed Of that ttaie,
duly executed and recorded, conveyed one un-
divided half of said mortgaged premises TO his
son, Aston G, Whitney, the defendant in this
cause, as will appear by reference to a copy Of
said deed filed rs an exhibit with the bill. 3
That the said Joseph Whitney having made
and executed his last will and testament in
deed form TO pass Real Estate, he gave, devils
ed and bequeathed,all his property, real aud
personal and mixed, TO his SON Aston G.
Whitney, (the defendant, departed this life in
the year 1870 or 1871, leaving said last will
and testament uncancelled and unrevoked,
which said last will and testament was duly
admitted 10 probate by ths Orphans Court Of
said Montgomery county, on the 4th day of
July, 1871, as will more fully appear by re-
ference to copy thereof, with the probate
thereon, filed as an exhibit with said bill.
That the said Joseph Whitney left no per-
sonal property, and the said Aston @. Whit
ney, Executor named in said will declined to
take out letters testamentary hereunder.
That no part OF said mortgage debt, or the
interest thereon, has been paid either TO the
said Richard b. Harris or Katy G. Benton, or
to the complainant, Martha Jones, and that
said mor,gaged premises, in the hands of The
faid Aston G. Whitney, are liable TO be sold
10 pay The same.
That the said Aston C. Whitney is a nom
resident of this State.
The prayer of the bill is, that said mortgaged
promises be sold to pay unto the complainant
said mortgage debt and interest.
1t is thereupon adjudged and ordered, this
10th day of July, in the year, 1871, by said
Circuit Court for Montgomery county, as a
Court of Equity, and by the authority thereof,
that the complainant by causing copy Of this
order to be inserted in some newspaper printed
1t Rockville, in said Montgomery county, once
in eaei. of four successive weeks before the 9th
day OF August next give notice TO the said
absent deteaSant of The object and substance
OF this bill, and warn him 10 appear in this
Court in person o. y solicitor, on or before
Df ATad1a .f~a.. 70 Ia