Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-08-08

IT HE object of this petition is TO make adj
4 ditonal parties defendant to bill filed
in this Court by the petitioners seeking % re-
vive decree of the Circuit Court for Mont
gomery county, us Court Of Equity, passed
on the llh day Of November, ia The year
1856, in cause in said Court wherein
the Farmers and Mechanics Bank of
Georgetown, d. G., was complainant and
John Offutt, james OTutt and Mary A OHutt,
his wife, were defendants, and 10 procure a
decree reyiving said decree OF the llth of No
vember, 1856, aud directing the lands and
premises in said proceedings mentioned and
described TO be sold for the payment of the
petitioners claim.
The petition states that on the ODD day of
June, in the year 1865, the petitioners, James
W. Of'utt and William NJ Isaacs, Admins
traitors of the good and chattels OF Lemuel
Ofutt, deceased, filed their bill of complaint
in this Court, alleging that by decree Of this
Court, dated on the 18th day of November,
in the year 1856, and passed in a cause where
in the Farmers and Mechanics Bank
of Georgetown, D. c., was complainant and
John Offutt james Offutt and Mary A. Offutt,
his wife, were defendants, it was among other
things ordered and decrced chat Richard j.
Bowie, of said county, was constituted and
appointed Trustee in the place and stead of
John Kurtz and Clement Cox, and that he
have full power and authority to execute the
orig inal trust and 10 sell the lands and premi-
ses in the proceedings mentioned and described
according to the provisions Of the deed of trust
therein referred to tor the payment of the
claims thereby intended to be secured, as by
reference TO the said decree then remaining Of
record in this Court would more fully and at
large appear, and further alleging that the
said nemuel Otiutt in his lifeline, on or about
Tho OQtl 1av pf Ipl, in fba poiJ
to the said Richard }. Bowie, as solicitor for
the complainant the full amount OF the COM
plainants claim with interest thereon and
the costs OF said suit whereupon the said
Richard j. Bowie, as solicitor as aforesaid, Or
dered the said decree TO be en- tered for the use
of the said Lemuel Uflutt without recourse TO
the complainant, which was accordingly done
AS would appear by reference to the papers and
docket entries in said cause That said bill
fnrther alleged that before the payment of said
claim and 'fne~e execution OF said decree the said
Lemuel OfIutt had departed this life, ntestate,
and the petitioners had been daily appointed
by the Orphans Court of Baltimore CoiHty
Administrators of his estate and had duly
qualified as such, and that the said james Of
futt, one Of the defendants in said original
cause, had departed this life intcstate leaving
a widow, Mary A. Oi'ntt, and the following
children his heirs-at-law and legal represent
atves, viz: John D. Ofutt, Bette e. Oifutt,
who intermarried with certain Nathaniel
Clagett, James II. Oifutt Rosanna r. Oifutt,
Lemue Olfutt, Ella Otfutt, Clara G. Offutt and
Milford Ofutt; that letters of administration
on the personal estate Of the said james Of
futt had been duly granted by the Orphans
Court Of Montgomery county to the said Jno.
Ofi'utt, and that the said Rosanna r. 0hutt,
Lemuel Ofutt Ella Olfutt, Clara G. Ofutt and
Milford Oh'utt were infants under the age of
twenty-one years.
That said bill charged that said decree re-
manned uneXecuted and that the compliments
claim had never been paid and that they were
advised that they were entitled to have the
said decree revived against the said John Of
futt individually and as Administrator of the
said james Offut, deceased, and against the
said Mary A. Ofuit, John D. OEut, Nathan
lei Clagelt and Bette H. Cagett his wife
James II Ofutt, Rosanna r Offutt, LemueI
0lfutt, Ella Ufutt, Clara G. Ofiutt and Milford
0ffutt and the prayer of said bill was for
subpoena scire faeias against the aooge-named
defendants, commanding them TO appear in
this Court and show cause, il any they had.
why said decree should not be revived as
prayed.
The petition further states that said subpu-
ma scire tacias was duly issued in said cause
and all of said defendants were duly sum
moned TO appear to and answer said bill Of re-
vivor but failed 10 appear and file their an
swers thereto since which time no further
proceedings have been taken in said cause
The petition further states that since the pro-
ceediugs hereinbefore referred TO. the said
Mary a. Oautt, widow Of the said James OF
lutt, has departed this life intesiate. that the
said John D. Oifutt has removed to the State
OF Tennessee; that the said Rosanna Il. Of
futt has departed this life intesta te and without
issue: that the said Lemuel Offult has at
tanned the age of twenty-one years. intcrmar-
ried with Il certain Sarah f. Dukes and re-
moved to Westmoreland county, in the Slate
Of Pennsylvania that the said Clara C. Olfutt
has attained the age of twenty-one years and
inermarried with a certain Theodore Siaufftr,
of Frederick county, in the State Of Maryland
and that the said Ella OlTutt and Milford Of
futt have respectively attained the age of TWEEN
ty-one years that the said John Oflutt has de-
parted THISTLE intestate leaving widow, viz :
Charlotte A. 0lfutt; two sons, viz; John L.
| Ofutt, intermarried with a certain - Offuit
and residing in the Stale of Tennessee, Nicho-
las A. Oiiutt, intermarried with a certain -
Ohutt and also residing in the State of Ten
nssSee two daughters, viz: Eliza E., inter-
married with a certain William NJ. Bull, of
said Montgomery county, and Mary A., in
w tSh AAh WI tfiih W imam Gil
of Montgomery county, and three children OF
a deceased daughter Maria E.; who had in
termarried with certain Robert G.. Council
and departed this life before the said John Of
| futt, viz: Harriet A. Connel, Clara Council,
and Alonzo q Connell the latter two of whom
are infants under the age of twenty-one years,
rs his only heirs-at-law and legal representa-
| tives
! The prayers Of the pstition are that the said
Lemuel Offutt and Sarah E. Ofiutt, his wife,
| Theodore Stautfer and Clara G.. Stauder. his
| wife, Ella 0futt Milford Ofutt, Charlotte
A. 0ffutt John d. Ofutt and - Offutt his
wife, Nicholas A. Ofutt and - Offutt, his
| wife, William NJ. Bull and Eliza Bull, his
wife, VIM. + Perry and Mary A. Perry, his
wife, Harriet A. Connell Clara Council and
Alonzo G. Connel may be made parties de-
| feudant to said cause that said decree of the
! eleventh day Of November ia the year 1856,
may be revived, aud that the lands and prem
ises in said proceedings mentioned and de-
scribed may be decreed TO he sold for the
payment Of the petitioners said claim and for
generel relief The petition further states that
the said Jno D.. Olutt, Lemuel Offutt and
Sarah Il. 0nutt, his wife, Jno. d. 0fIutt and
- OGutt, his wife, and Nicholas A OIutt and
- Ofutt his wife, do not reside in the State
Of Maryland.
1t is, therefore, this 18th day of july, in
/ the year 1879, adjudged and ordered that the
| petitioners by causing a copy of this order to
be inserted in some newspaper published IN
Rockville, in said Montgomery county, once
IN each Of four successive weeks before the
10th day Of August next, give notice to the
said absent defendants of the substance aud
object Of this petition, and warn them to APP
pear In this Court either in person or by So
licitor on or before the l7lh dar Of November
next 10 answer the premises and show cause
It any they have, why decree ought not to
pass as prayed.
\. b. PRETTYMAN, Crk
Circuit Court for Montgomery county.
True copy-Tcst
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