Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1878-04-18
No. 1853 Equity.

In the Circuit Court for Frederick
County, sitting !" equity.
John Rouzer and james d. Dougherty,
William d. Kelley and others.
Il 'he object OF the bill filed in the present
J. cause is to obtain decree for the sale
of certain mortgaged premises, situate in
Frederick county, State of Maryland, which
was on the twenty ninth day of July, in
the year Eighteen hundred and sixty seven,
mortgaged by certain James d. Dough
erty, Ann Dougherty, Hannah Wilhide and
Rose Kelley to said John Rouzer The bill
states that the said James d. Dougherty,
Ann Dougherty, Hanuah Wilhide and Rose
Kelley, on the twenty ninth day of July, in
tho year Eighteen hundred and sixty seven
conveyed certain real estate, which is par
ticularly described in this bill and accom-
panying exhibits to said John Houzer, by
" y of mortgage to secure the payment of
the sum Of seven hundred dollars, with in
terest from the date of said mortgage, which
was then due and owing from the said
mortgagors to said John Rouzer, to bc paid
on or before the first day of August, in the
year Eighteen hundred and sixty nine -
That said James d. Dougherty. Ann
Dougherty. Hannah Wilhide and Rose
Kelley sold, but did not convey the said
lands to one John Fitzgerald; that no
part Of said mortgage debt was paid
by the Said mor,gagors that said
john Fitzgerald, on the 10Th July, 1871,
paid two hundred and fifty dollars in part
payment thereof And on the 4th day of
April, 1873, made another payment Of two
hundred and fifty Liars in part payment
thereof, and on tue 9th day of October
1876, paid the sum of fifty dollars, in part
payment thereof, and that the residue OF
said mortgage debt, with the interest there
on is still due and unpaid, and that the
time for payment has long since elapsed
and that said land is liable for the payment
thereof
The bin further states that Ann Dough.
erty one OF The said mortgagors is dead
intestatc and without issue, and that her
interest has devolved upon said James d.
Dougherty, Hannah Wilhde and the chill
dren of her sister, Rose Rc.cy, who is also
dead and whose names are mentioned in
seid bill The bill further states that said
John Fitzgerald is also dead, having by his
will devised aud brqueathcd all his estate
real and personal to his wido :, Mary Fitz
gerald, and his children, John Fitzgerald
Jr., and james Fitzgcrald and that James
d Dougherty, Francis Marion Kelley
Charles Croft, and Mary Croft, his wife
children of Rose Kelley, deceased, are not
| residents Of the State of Maryland.
1t is thoreupon this 9th day Of March in
the year eighteen hundred aud seventy
eight adjudged and ordered that the com
plaiuant, by causing copy OF this order
! TO lie inserted i'll some newspaper published
ia Frederick county, once week for four
successive weeks before the Doth day Of
April A. ID, 1878, give notice to the said
absent defendants of the object and sub.
stance Of the bill, and warning them to b,
aud appear in this court, in person or by
solicitor on or before tho 25th day of July
A. ID, 1873, and show cause, if any they
have, why 4 decree ought not to pass as
prayed
THOMAS GORSUCH.
Clerk of the Circuit Court for Frederick Go
True Copy-Tcst,
THOMAS GORSUCH, clerk.
mar II At