Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-11-07
ORDER OF PUBLICATION,
In tie Circuit CourtJor Montgomery County,
sitting as Court Of Equity.
PHfLANDER CRANE AND SARAH CRANE
HIS WIFE,

4 fdlEANDEh OhdsE AND GA NAL Ota<tG
HIS WIFE,
| ALLISON NAILOR AND THE UNKNOWN
HEIRS OF MILAN O'CONNER,
| TRUSTEE, &C.
| vT,HE object Of This suit is TO procure a de-
IL cree, decreeing and determining that the
complainants have one-ffth interest in equity
in certain tract or parcelof land situated and
| lying in Montgomery county, Maryland, now
| in possession OF a certain Allison Nalor, said
land having been conveyed by Ann CAN'T,
Clement Smith and Thomas NJ. Maeubbin TO a
| certain William O. Conner, Trustee, and that
the heirs OF tie said William 0'Conner may
| be decreed to convey the legal title thereto to
said Sarah Crane, or in the alternative, that a
trustee may be appointed for that purpose, or
to sell the said one-ffih interest and pay the
proceeds over to her.
! The bill states that on or about October 10,
| 1927 Ann CAN'T, Clement Smith and Thomas
NJ. Macubbin conveyed certain real estate
which is particularly described in said bill and
accompanying exhibits to a certain William
| o. Conner in trust, which is particularly set
outinih be billiard accompany wing Exhibit "a y
That Mary 0'Conner, wife of Patrick O'Con-
ner, departed this life some time in 1927, leav-
| ing the following children, viz: Martin, Mar
,ha, Mary, John, Sarah and William, the only
|
| liam died before the youngest of said children
arrived at the age of twenty-one years, unmar-
ried and ntestate that Sarah afterwards in
| termarried with certain Phiiander Crane.
! That William o. Conner, thetrustee named in
| said deed, died some time in the year 1887,
interstate, leaving widow who afterwards
| married a certain Barney McGann, and three
daughters, Sarah. Catherine and Julia, his
only children and heirs at law, but whether
| NJ, 1ool thaa .1.sr IN
formed, neither do they know whether if dead
| they have left any heirs, and if living where
| they reside; That no part of said real estate
was sold under the provisions of said deed du-
ring the minority Of said children Of said Pat
rick and Mary.
The Bill further states that on July 28th,
! 1852, bill was fled in the Cineuit Court for
Montgomery county in Equity by Martin o.
! Conner and others against John O'Conner and
others, and gives the substance of the said bill
and pray leave TO refer to and read as part of
this bill Of complaint the proceedings in said
case as recorded in Liber J. G.. H., No. /, TO-
| lios 1913 to 344, inclusive, one of the Judgment
Record Books of said Circuit Court for Mont
gomery county.
The Bill further states, that SAID bill filed
| July 28, 1862, was not sworn to by any one,
| and on the day of the fling thereof an order OF
| publication was made warning the assent de-
| January lst 1853, to answer said bill, but
that no process was prayed agains: these COM
| painants and that they had no notice of the
| proceedings; that nearly two months before
the order of publication expired, the said cause
| was set down for hearing and taken pro con-
fesso against the absent defendants, and a de-
cree passed appointing trustees to sell said real
| estate. q
| The bill further states, that afterwards and
kncor Ia = 4
der said decree, to wit November 18th, 1853
the said trustees filed their report in said ease,
| in which they say in substance. that before
| they proceeded to advertise said property for
sale, all the parties 10 said cause sold and con-
| yeyed their respective interests to certain
| Allison Nailor, who had paid the purchase
money, and thereupon they, the said trustees.
sold the said real estate to said Nalor upon
his paying all the costs which he was willing
| to upon the ratification Of the report. That
said report was finally ratified July 25tb, 1854
and that said trustees conveyed said land TO
| said Nailor by deed bearing date March 9Th,
| 1858. The bill further states, that the COM
| painant Sarah Crane was compelled by the
! cruel treatment Of her father to leave his house
some time in or about 1895, and that she went
| to the State OF Missouri; that she never knew
| Of nor had she even heard Of the said deed to
William o. Conner and that she had an inter-
4
| her that il was not true, as stated in said bill
filed July eth, 1862, that she had not been
heard from by the complainants in said bill
| from the time she left for the Western country
until the fling of the bill, or that they had no
reason TO believe she had died unmarried, and
before the youngest of her brothers had arri-
we'd at The age Of tweBty-one years, but that
the said compliments knew she was married
and had good reason to know she was living
-. IL. I1<re. NtHx
| fled said bill ; that she had no knowledge or
notice of the filing of the said bill filed July
18th, 1852, at the time 1t was fled or during
| its tendency or that she had any interest in
| said land until short time past, and then she
| heard Of it BY accident, since which time she
has endeavored to have her rights ascertained
| The bill further states, that the compiainants
are informed and charge that said Allison
Nailor sets up and pretends, that under his
| said deed from said trustees, appointed as
| aforesaid, he has the full and unencumbered
| fee in said land and that the complainants
have no estate or interest therein but the
complainants claim that they are tenants in
| common with said Allison Nalor they having
| one-ifth interest and the said Allison Nailor
the other four-ffths interest in said lands.
| The bill further states, that the complain
ants are advised that their rights and interests
| in the premises are in no wise affected by the
| Sdiu proceedings III Tcthtipu " sstiu oiii hiSu
| July %, 1859, and that they now hold an
equitable estate in fee simple in one-fifth of
| said land, and that adequate relief can only
be afforded by Court of Equity, it having
peculiar jurisdiction in cases of trust, that the
proceedings under the bill filed July 26th,
! 1882 only affected and could only affect four
6fths OF said property, being the portions
held by the parties to said suit. leaving the
one-fifth belonging to the complainant Sarah,
undisposed of and the legal title thereto
| still in the heirs Of said William O'Conner
The bill then prays for the passage of de-
! cree adjudging and decreeing, that the COM
plainant Sarah has one-ffth interest in said
tract or parcel of land in fee simple in Equity,
and that the heirs of said William o Conner
| shall convey TO her the legal title thereto, or
| in the alienation that trustee may be APP
pointed with power to convey the same TO her
or sell the same and pay the proceeds over to
the said complainant Sarah and for general
relief. The bill then prays for order OF
| publication against nonresident and I'M
known defendants and for subpoena.
| 1t is thereupon. This goth day of October,
| 1873, adjndged and ordered, that the COM
plainants by causing copy Of this order to
| be inserted in some newspaper published OF
| Rockville once week for four successive
weeks before the 9Th day of December, A. D.,
1873, give notice to the said absent and un-
known defendants Of the object and substance
Of this BILL and warn them to appear in this
Court in person or by solicitor. on OF before
the 18th day of March, A. D., 1874, to answer
the premises and show cause if any they have
| why decree should not pass as prayed.
| e. B.. PRETTYMAN, Clerk.