The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1885-10-24

GILES 0. GRIsWOLD In the Circuit
-AGAINsr- Court TOR Bali
HELEN +. DUNHAM, WIDOW more County.
EFT AIS, In Eon;tv.
The object of this Bill is to procure the sale of
certain two tracts of land in Baltimore County
therein mentioned the first of which is said to
contain about one hundred and one acres of land
situated on or near Green Spring Avenue,in Bal
timore County, and near the village of Mount
Washington, being the same land which was set off
and allotted to the defendants, who are the widow
and heirs at law of Truman Durham, deceased.
by final decree of partition passed on the oath
day of September, 1885, by the Circuit Court of
Baltimore County, in the case of WIN. S. Carroll
ct al. against Helen +. Durham ct ais. in the
proceedings in which case the same is fully de-
scribed and the second of said tracts of land
which is said to contain about i've acres, living on
or near the Pimlco Road in said county, and be-
ing the same which by deed of partition dated
July 18th, 1879, and recorded among the Land
Records of Baltimore County, in Liber j. B., No.
lib, folio 81, &C., between James o. Mason, Tru-
man Durham ct ais. was conveyed in severaltv
to said Truman Durham, now deceased
The Bill alleges that the complainant, Giles o.
Griswold, who resides in the State of Ohio, and
county of Trumbull, ON or about January, 1867,
entered into co-partnership with said Truman
Durham, of Cuyahoga County, Ohio, under the
firm name of Griswold & Durham, which firm
continued in existence until the death intestate of
said Truman Durham, March Both, 1882. That
the above mentioned lands in Baltimore County
were purchased with the funds of said firm of
Griswold d Durham and are firm assets in Equity.
The Bill mentions the original deeds of pur-
chase and the mutations of title by which the
title to said property has finally come to be vested
in severalty in the said widow and heirs at law
of Truman Durham deceased. The Bill then
further alleges the filing of petition in the ma.
ture of Bill in Equity by the complainant, Giles
0. Griswold, in the Court of Common Pleas of
Trumbull County, Ohio, against the defendants
in this case, who are the widow and heirs at law
OF said Truman Durham, deceased, ana against
his administrator. Charles c. Baldwin, in which
case, all the defendants being personally served
with process, the said Court of Common Pleas by
its decree of June 14th, 1885, determined that the
said lands in Baltimore County were purchased
by said Truman Durham and paid for with the
moneys of said firm and were in Equity to be re-
garded as firm assets and that on a statement of
the firm accounts between said Giles o. GriswoId
and Truman Durham without charging either for
funds withdrawn to pay for property standing in
the name of either individually and treating said
Baltimore County lands as firm assets there was
balance due to said Giles o. Griswold from said
firm and payable out of its assets the sum of
1914 $1,000 which sum so found to be due to said
Giles o. Griswold was declared to be and consti-
tute lien upon the firm assets subject only to a
first lien in favor of the estate of said Truman
Dunndln ueceaseu, Tor $9U,UUO due his estate
which was decreed to be paid to his widow and
children and has since been fully satisfied out Of
the firm assets but that of the sum of 1904 49,
% due to complainant there still remains due
more than S150,000, which the firm assets, ex-
elusive of the Baltimore County lands, are wholly
insufficient to satisfy.
That the said lands are liable to and bound for
the said claim of the complainant and that to the
extent thereof the defendants who are alleged to
reside in the State of Ohio and County of Trum-
bull, hold the same in Equity as trustees for him.
And the Bill of Complaint then prays that the
said two parcels of land may be declared to be
firm assets of said firm of Griswold Durham
and liable to and bound for the payment of COM
plainants claim and may be sold for the satisfac-
ton thereof and for further relief.
1t is thereupon ordered by the Court this oath
day of September, A. D. 1885, that the plaintiff
by causing copy of this order to be inserted in
some weekly newspaper published in Baltimore
County once week for four successive weeks
before the 26th day Of October, A. D. 1885, give
notice to the resident defendants, Helen F.
Durham, Ella NJ. Durham, Tryon G. Durham,
Mary Durham, Kate S. Durham, Truman Dun
ham, Belle H. Durham and Alice Durham, of the
object and substance of the bill and warn them
to appear in this Court, in person or by solicitor
On or before the 1st day of February, A. d. 1886,
and show cause, if any they have, why a decree
should not pass herein prayed.
YIN. NJ. ISAAC, Clerk.
True Copy-Test:
WIN. M. ISAAC, Clerk.
Sept. 26-5t.