Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-11-21
ORDER OF PUBLICATION.


IN The Circuit Court for Montgomery County
sitting as Court Of Equity.
PHILANDER CRANE AND SARAH CRANE
HIS WIFE,
ALLISON NAIL0R AND THE UNKNOWN
HEIRS OF WILLIAM 0'CONNER,
TRUSTEE, &C.
TNHE object of this suit is to procure de-
Il cree, decreeng and determining that the
compliments have one-htlh interest 10 equity
in II certain tract or patceloi land situated and
lying in Montgomery county, Mary land, now
in possession OF a certain A llson Nallor said
land having been conveyed by Ann CAN'T,
Clement Smith and Thomas NJ. Macubbn to a
certain William o Conner, Trustee, and that
the heirs Of tie said William O'Couner may
be decreed 10 convey the legal title thereto to
said Sarah Crane, or in the alternative, that a
trustee may be appointed for that purpose, or
10 sell the said one-lilh interest and pay the
proceeds over to her.
The bill states that on or about October | Q,
1927, Ann CAN'T, Clement Smith and Thomas
VI. Macubbin conveyed certain real estate
" hich is particularly describedin said bill aud
accompanying exhibits to certain William
Q Conner, 10 trust, which is particularly set
out in the bill and accompAn, ing Exhibit "a.
That Mary Q Conner, wife of Patrick O'Con-
ner, departed this life some time in 1921, leay-
ing the following children, viz; Martin, Mar
sha, Mary, John Sarah and William, the only
children of said Patrick and Mary, that Will
liam died before the youngest of said children
arrived at the age Of tweniy-one years, unDar-
ried and intestlte; that Sarah afterwards in
termarred with q certain Philander Crane,
That William o Conner, the trustee named in
said deed, died some time in the year 1897,
interstate, leaving widow who afterwards
married Il certain Barney McGann, and three
daughters, Sarah, Catherine and julia his
only children and heirs AT law, but whether
living or dead, the comphinants are not 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 rec 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 2Sth,
1852, bill was filed in the Circuit Court for
Montgomery county in Equity by Martin o.
Conner and others against John 0'Gonner 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 Lber J G. H., No. |, fo-
iios 1913 10 344, inclusive one Of the Judgment
Record Books Of said Circuit Court for Mont
goDesy county
The Bill further states that said bill hfed
July 49, 1852, was not sworn to by any one,
aud on the day OF the fling thereof an order Of
publication was made warning the aosent de-
PENDANTS 10 appear in said Court on or before
January LIST, 1863, TO answer said bill, but
that no process was prayed agains. these com-
plainanls, 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 de-
cree passed appointing trustees to sell said real
estate.
The bill further states, that afterwards and
before aby sale was nude by said trustees uu-
der said decree, to wit November 9th, 1853,
the said trustees filed their report in said case,
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-
veyed their respective interests to "a certain
Allison Nailor who had paid the purchase
money, and therenpon they, the said trustees,
sold the said real estate to said Nuilor upon
his paying all the costs which he was willing
to upon the ratification OF The report. That
said report was finally ratified July 25th, l554.
and that said trustees conveyed said land to
said Nailor by deed bearing date March 9th,
| 1853. The bill further states, that the COM
plainant Sarah Crane was compelled by the
cruel treatment of her father to leave his bouse
some time in or about 1885 aud that she went
! to the State of Missouri that she never knew
| OF, nor had she even heard Of the said deed 10
| William o. Conner, and that she had an inler-
est in said laud was carefully concealed from
| her that it was not true, as stated in said bill
| fled July 9th, 1852, that she had not teen
heard from by the eomplaindnts in said bill
| from The time she left for the Western country
until the filing Of the hill, OF that they had no
| reason 10 believe she had died unmarried, and
before the youngest Of her brothers had arri-
we'd at the age of twentg-one years, but that
the said coInplainanis knew she was married
and had good reason to know she was living
/ and where she was living at the time they
filed said bill that she had no knowledge or
| notice of the filing OF the said bill filed July
| 26ih, S52, at the time il WAS filed or during
its tendency or that she had any interest in
/ said land until Il short time past and Then she
heard Of it By accident since which time she
has endcavored TO have her rights aseertaned.
! The till further states, that the complalnants
| 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 uuencumbered
fee 10 said land and that the compliments
have no estate or interest therein bat the
compliments claim that they are tenants in
common with said Allison Nailor they having
the other tour-ffths interest in said lands
/ The bill further states, that the complaint
ants are advised that their rights and interests
! 10 the premises are IN no wise a1eeted by The
said proceedings in relation TO sajd bill flea
july 49, 1852, 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 "a Court Of Equity, it bavina
peculiar jurisdiction in cases Of trust, that tbs
proceedings under the bill filed July 18th
! 1852, only affected and could only aliect four
ifhs OF said property. being the portion:
held BY the parties to said suit, leaving th,
one-fifth belonging to the mplainant Sarah
undisp0sed 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, adjadging and deereeing, that the com
planant Sarah has one-fiiih interest in SAID
and that the heirs Of said William O'Connel
shall convey to her the legal tile thereto, OF
in the alienation that trustee may be APP
pointed with power TO convey the same TO hel
or sell The same and pay the proceeds over Il
the said complainant Sarah and for genera
relief The bill then prays Cor order d
publication against nonresident and un-
known defendants and for subpoena.
1t is lhereupon. this 10th day Of October
1873 adjudged and ordered, that the com
plainauts by causing copy Of this order &c
| be inserted 10 some newspaper published a
/ Rockville once week for four successive
weeks before the 9Th day of December, a. D.,
| 1873, give notice TO the said absent and IN.
1af, g ,t.-tss