Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1885-12-25
ORDER OF PUBLICATION.
In the Circuit Court for Montgomery county
William j. Walters, Plaintiff, versus
George H. Walters, Defendant.
No. 6l7, EQUITY.

TNHE object of this suit is TO procure de-
Il cree for the payment by the said George
H. Walters to the plaintiff, William J. Wal
tiers, what is due and owing to him for prin-
cipal and interest on certain lost single
bill drawn by the defendant in favor of q
certain Eliza l.. Walters, bearing date the
sixth day OF September, in the year eighteen
hundred and eighty, for two thousand and
two hundred dollars, payable on demand,
with interest, by certain day to be appoint
ed by the Court for that purpose or that in
default thereof all of the land owned by the
said George II. Walters situated in Mont
gomery county in the State of Maryland, or
so much thereof as may be necessary for the
purpose, may be sold for the payment of the
aforesaid claim, with interest as aforesaid Ind
general relief.
The bill states
lst That the plaintiff resides in Montgom-
cry county, in the State of Maryland.
End. That heretofore TO wit, on the sixth
day Of September, in the year eighteen hum
dred aud eighty, the defendant, George II.
Walters, then Of said county, but now OF the
City of Norfolk, in the State of Virginia, be-
ing indebted unto his wife, Eliza L. Walters,
in her lifetime in the sum of Two thousand and
two hundred dollars, and intending to secure
the payment thereof 10 the said Eliza l.. Wal
tiers, signed sealed and delivered unto her
his single bill of that date for said sum of
money payable on demand, with interest
from date.
3rd. That afterwards, to-wit, on the first
day OF july in the year eighteen hundred
and eighty-four, the said Eliza l.. Walters
delivered said single bill to the plaintiff as
and for a gift that the plaintiff Immediately
accepted said gift, and received said single
bill into his possession and placed the same
in trunk under his exclusive control.
All. That afterwards TO wit, on the eev-
enth day of July, in the year eighteen hun
dfed and eighty-four, the said Eliza l.. Wal
tiers departed this life.
9th. That afterwards, to wit, on the six
tenth day of July, in the year eighteen hun
dred and eighty-four, the plaintiff made an
examination in said trunk for said single bill,
and found that the same had been lost or re-
moved from said trunk, without his knowi-
edge or consent, and that although the plain
| tif has made thorough and diligent search
and inquiry for said single bill, he has been
unable 10 the present time TO discover the
same.
9th. That the said principal sum OF two
Thousand and two hundred dollars has not,
nor has any part thereof, ever been paid 10
either the said Eliza l.. Walters or the plain
tiff, but now is, together with the interest
thereof, due TO the plaintiff
18th. That the plaintiff has frequently of
late, by himself and otherwise, demanded
payment Of the said single bill and interest
OF the said George Fl. Walters, but the de-
PENDANT has hitherto refused and still refuses
to pay the said sum OF money and interest,
or any part thereof
8lh That the defendant is the owner, in
fee simple of several large an d valuable pieces
or parcels of land situate and lying in said
Montgomery county, containing in the aggre-
gate about one hundred and forty-f Eve and
three-fonrths acres of land which are partic-
'ularly described in the three following deeds,
viz; In deed from Isaac r. Mans aud wife
to the said George II Walters, dated the
eighth day Of April, n the year eighteen hun
dred aud sixty-four, and recorded among The
Land Records OF said Montgomery county in
Liber H. b. p, No. l. foios 1872, &c; in II
certain other deed from the said Isaac z
Maus and wife TO the said George r. Walters,
dated the Gig 18th day Of June, in the year
eighteen hundred and sixty-four, and record
ed among said records in Liber f. B. P, No
l, folio 1913, &c. aud in a certain other deed
from Julia A. Baker and husband to the said
George H Walters dated the eighth day Of
September, 10 the year eighteen hundred and
seveuty-seven, and recorded among said rec
ords in Liber y. B. p, No. II, folios $50.
Uc., 10 which Shlu ueeuS reference is made Tor
Il full and accurate description of said lands
9th, That the plaintiff is without remedy in
the premises in Court of Common Law I've.
cause, by reason Of the loss Of said single bill
he is unable 10 file his cause of action, as re-
quired by law, in an attachment proceed ng
against the said real estate of the said nom
resident defendant
II is thereupon ordered and adjudged that
the complainant, by causing copy of this
order to be inserted in some new spaper pub
lished at Rockville in said county, once in
each of four successive weeks before the
twenty-6fth day OF January, in the year
eighteen hundred and eighty six, give notice
to the said absent defendant of the object and
substance OF this bill, and warn him to APP
pear in this Court, in person or by solicitor,
on or before the twenty-sixth day of April
next, 10 answer the premises and show cause
II any be has why decree ought not to pass
as prayed.
JAMES AND ERS0N, CPk
Circuit Court for Montgomery county.
True copy-Test
dec 15-ht JAMES ANDERSON (,pl, A