Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-07-18
In the Circuit Court for Montgon,er!
County, as a Court Of Equity.

Georgetown D. c., WAS complainant and
John Otfuit, James OTutt and Mary A. Ohutt,
his wife were defendants, and TO procure
decree reviving said decree OF the lth OF No
vember, 1856. and directing the LANDS and
premises in said proceedings mentioned and
described TO be sold for the payment OF the
petitioners claim.
The petiiiou states that on the 23d day of
June, in the year 1865, the petitioners, James
W. Offutt and William NJ. lsaacs, Admins
traitors of the good and chatiels o Lemuel
Offutt, deceased, filed their bill of complaint
in this Court, alleging that by decree OF this
Court dated on the llth day Of November,
in the year 1856, and passed in cause where
in the Farmers and Mechanics Bank
of Georgetown, d. G., was complainant ana
John Offutt, James Offutt and Mary A. Ofuit, =
his wife, were defendants, it was among other
things ordered and decreed that 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
original trust and 10 sell the lands and premi-
SEES 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 !,emuel Oifutt, in his lifetime, on or about
the 10th dey of July, in the year 1889, PAID
TO the said Richard J. Bowie, as solicitor for
the complainant, the full amount OF the COM
plainants claim with interest thereon ana
the costs of said suit whereupon the said
Richard j. Bowie, as solicitor as aforesaid, or
dered the said decree 10 be entered for the use
Of the said I.emuel Ohutt 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
further alleged that before The payment OF said
claim and the execution of said decree the said
Lemuel Otfutt had departed This life intesiaie,
and the petitioners had been duly appointed
by the Orphans Court of Baltimore county
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 interstate leaving
| IA widow Mary A. OHu,t, and the following
| children his heirs-at-law and legal represent
atves, viz: John D. 0ffutt, Bette h. OHut',
who intermarred with certain Nathaniel
| Clagett James II. Offutt, Rosanna X. Ohutt.
| Lemuel Uffutt. Ella Offutt, Clara g. OButt and
| Milford Offutt that letters Of administration
| on the personal estate Of the said james Of
| futt h I'd been duly granted by the Orphans
] Court of Montgomery county TO the said Jno.
| U(luii, and that the said Rosanna Il. Ofuit,
Lemuel Offuit, Ella 0ffutt Clara q. Ohutt and
| Milford OfIutt were infants under the age OF
| (wenty-one years.
That said bill charged that said decree re-
| manned unexecuted and that the complainanis
claim had never been paid and that they were
advised that they were entitled 10 have the
\ said decree-revived against the said John VI
! mtt Individually and as Administrator Of The
said james Uffuit, deceased, and against the
said Mary a. 0ffuit, John ID. OHuu, Nathan
tel Clayelt and Bette Il. Clageit, his wife,
James H. Ofutt Rosanua r. Uhutt, Lemucl
Olfuli, Fila OfIuti, Clara g. Otfutt and Milford
Olutt and the prayer OF said bill was for
subpoena scire facias against the aDove-named
defendants, commanding them TO appear IA
this Court and show cause, If any they had.
wis said decree should not be revived rs
prayed.
The petition further states that said subpn-
ma scire lacias WAS duly Issued in said cause
and all Of said defendants were duly sum
moned 10 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-
ceedings hereinbefore referred 10. the said
Mary A 0fIuu, widow of the said James o.
5 futt has departed this life interstate. that the
said John ID. Uffutt has removed 10 the State
e OF Tennessee that the said ROsanna L. Or
futt has departed this life ntestaie and without
issue that the said Lemuel Otiutt has at
tained the age of tweniy-one years, intermar-
ried with a certain Sarah y. Dukes and re-
moved to Westmoreland county, in the State
of Pennsy lvania that the said Clara U. Ohutl
a has attained the age of twenty-one years and
! intermarried with a certain Theodore Siaufcr,
, | of Frederick county, in the State OF Maryland,
: and that he said Ella 0ffntt and Milford Of
futt have respectively attained the age OF lwen-
ty-one years; that the said John Offutt has de-
parted this life interstate leaving n widow VIZ
y Charlotte A. Ohuti; two sons, viz: John Ia
p Offutt intermarred with n certain - Ohnit
e and residing in the Stale OF Tennessee, Nicho-
. las a. Olfutt, intermarried with n certain :
Ohutt and also residing in the State Of Ten
nessee two daughters, viz: Eliza H., inter
married with a certain William VI. Bnil oil
said Montgomery county, and Mary A., in
termarried with certain William +. Perry
of Montgomery county, and three children o
: a deceased daughter, Maria r who had IN
e tcrmarried with certain Robert G Council
E. and departed this life before the said John OF
fuit, viz: Harriet A. Council, Clara Council
and Alonzo G. Council, the latter two of whom
are infants under the age of twenty-one years
- as his only heirs-at-law and legal representa-
II tives.
- The prayers Of the psiiion are that the SAT-
'e Lemuel Oirutt and Sarah K. Offuit, his wife
Theodore Stanfer and Clara g. Stauffer, hi
wife, Ella Offuu, Milford 0ffutt Chariot
"a A. Offuti, John D. 0ffutt and = Offutt HI
I; wife, Nicholas A. Offutt and - Ohutt, HI
ho wife, William NJ. Bull and Eliza Il Bull, hi
~ wife, VIM. L. Perry and Mary A. Perry, b
wife, Harriet A. Cornell, Clara Connell an
Alonzo G. Connell may be made parties d.
feudaut TO said cause that said decree OF tn
eleventh day OF November in the year 1856
,, may be revived, AMI that the lands and prem
IL ises in said proceedings mentioned and d.
IL scrbed may he decrced TO he sold for u
he payment of the petitioners said claim and fo
=. genere relief: The petition further states thu
w the said Jno. d. Ofuit. Lemuel OfFutt AT
Sarah Il. Offuti, his wife, Jno. D. Ofutt an
- Oifuit, his wife, and Nicholas a. Ofuu an
- 0Gutt, his wife, do not reside in the Sta
nv of Maryland.
= II is, therefore, this 18th day Of July,
the year 1879 adjudged and ordered that u
on petitioners by causing copy OF this order
Tor be inserted in some newspaper published
on Rockville, In said Montgomery county, on
tic in each Of four successive weeks before q
2, 10th day OF August next, give notice TO q
said absent defendants Of the substance ar
object Of this petition, and warn them TO a
pear in this Court either in person or by 5
licitor on or before the nth dar OF Noyemb
next 10 snswer the premises and show caui
II any they have, why decree ought not
.., pass as prayed.
lat Circuit Court for Montgomery county.
tt True copy-Test
=. ~ is-4t Y. b. PRETTYMAN, Clsk.
in NJ O TT O II.
THOMAS a. UARnFSTY and LEROY