Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1872-06-21
ORDER OF PUBLICATION.
THE FIRST NATIONAL BANK OF WASH
lNGToN AND WILLIAM b. WEBB,
CHARLES A. ECCLESTON AND MARTHA
a. ECCLESTON, HIS WIFE.
In the Circuit Court for Montgomery County
as Court Of Equity.
June Term, 1872.

THE object of this suit is to procure a de-
4 cree for sale OF certain premises IN
Montgomery county, in the State OF Mary
land, which were conveyed by the defendants
Charles A. Eccleston ard Martha A. Eccle-
ston, his wife TO the complainant William b.
Webb, Trustee, to secure TO the complainant
The First National Bank Of Washington, GER
tain indebtedness due by the defendants to
it, by deed dated the second day OF June, in
the year eighteen hundred and sixty eight
The bill states that The defendant Charles
A. Ecclesion being indebted 10 the complain
ant, The First National Bank Of Washington,
in the sum of fifteen thousand dollars, for
which he passed to said Bank his five prom
issory notes, each payable for the sum OF
three thousand dollars and payable in one,
two, three, four and five years from date,
with interest from date, respectively, and be-
ing DESTROYS to secure the payment of said
notes whcn and as they and each of them
become due and payable by their and It's terms
aforesaid, and all interests, costs and charg-
es thereon, he, the said Charles a. Eccleston
and Martha A. Eccleston, his wife, did by
their deed of that date convey your orator
William B, Webb, certain real estate situate,
! lying and being in said Mont gomery county,
| in the State of Maryland, and particularly
described in said deed in trust, 10 permit the
! said defendants to occupy the same till de-
| fault should be made in the payment Of the
aforesaid promissory notes, and upon the
! other and further trust, that is 10 say, should
the said Charles a. Ecclcston fail 10 pay or
| cause to be paid either or any Of the atosesaid
notes, when aud as by their terms respectively
as aforesaid they become and are SO due and
| payable, and all interests, costs and charges
| thereon accrued, that then, and III any, and
every such case, the complainant, m. B.
/ Webb, upon being requested by the said
/ Bank or any other holder of the said note or
notes so due and unpaid in writing, shall en-
| ter upon and take possession Of the said real
estate, and the same sell at public auction,
upon such terms as to cash and credit as shall
seem TO him best for the interest of all parties
concerned in said trust, having first given
public notice of the time, place and terms of
sale in some Newspaper published in the City
/ of Washington for at leost two weeks before
the day OF sale, and by posting bills containing
! the same in and about the said county, and
| out of the proceeds of said sale he shall first
| pay the expenses attending the same, includ-
| ing therein commission Of Gge per cent upon
the gross proceeds thereof as compensation to
| himself for his services in the execution OF
! said trust; next he shall pay any and all of
| the aforesaid promssory notes which at the
| time of said sale may be due and payable by
! their tenor aforesaid and then unpaid, with
all interest costs and charges thereon next
| he shall pay any and every of said notes then
unpaid, though not BY their terms rs afore-
said due and payable, but which shall then
| presently become due and payable, with all
/ interest, costs and charges accrued thereon,
| so that the whole of said Indebtedness shall
be paid off and satisfied 10 the extent of the
said proceeds; and, lastly, after making the
said payments, should any balance remain in
his hands, he shall pay the same to the said
! Charles A. Eccleston and Martha A -, his wife,
! their heirs or assigns-a copy of which said
| deed is filed as an exhibit with the bill
| The bill further charges that the whole of
the said sum of fifteen thousand dollars, with
! interest as aforesaid, still remains due and
owing to The complainant, The First National
! Bank, although the time limited for the pay
| ment Of four Of said notes by their terms and
the conditions of said deed has long since
passed and payment thereof has been duly
! demanded and that the said defendants,
| Charles A. Ecceston and Martha 4 =. his wife
are non-residentS of the State of Maryland
| The prayer Of the bill is, that the said real
! estate so conveyed as aforesaid by the said
| defendants, Charles A. Eccleston and Martha
! a. Eccleston, his wife, TO the said William
b. Webb, may he dccreed to be sold TO pay
| said sum of fifteen thousand dollars TO the
complainant, The First National Bank of
/ Washington, together with all interest ac-
crued thereon, and for general relief
1t is thcreupon this tenth day of June, in
the year eighteen hundred and sevcnty-two,
by the subscriber, Clerk of The Circuit Court
for Montgomery county, adjudGed and or
dered, that the compliments, by causing "A
copy Of this order to be inserted in some
newspaper printed at Rockville, in said Mont
! gomery county, once in each Of four success
sive weeks before the eighth day of July next,
! give notice to the said absent defendants OF
| the object and substance of this bill and
warn them to appear in this Court, in person
or by solicitor, on or before the Ient day of
! October next to answer the premises and
show cause, if any they have, why decree
ought not to pass as prayed.
L. B. PRETTYMAN, CPk.
True copy-Test:
| je lat E. B. PRETTYMAN, elk.