Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1886-01-08
ORDER OF PUBLICATION.
hntht Circaa CoHr, for Montgomery com,g
William }. Walters, Plaintiff, versus
George II Walters, Defendant.
No. 617. EQUITY.

YNHE object Of this suit IS 10 procure n de-
Il cree Tor The payment bv the said George
ii Walters 10 The painful " iliam J. Wal
tiers, what is due and owing to him for priu-
cipal and interest certain lost single
bill drawn by The defendant ia favor Of n
certain Eliza l.. Walters hearing date The
sixth day of September in the ,rar eighteen
hundred aud eighty, Tor TWO thousand and
two hundred dollars, payable on demand,
with interest, by certain dav TO be appoint
ed by the Court Tor that purpose or that in
default thereof, all oi The land owned bv the
said George II. Walters silnaird in Mont
gomery county in the State OF Maryland, or
50 much thereof ds may be necessary Tor The
purpose, may be sold Tor The payment of the
Aforesaid claim with Interest as aforesaid nd
general relief
The bill states
lat, THAI the plsiniitf resides in Mon,gom-
cry county, in the State of Maryland
2nd That heretofore, 10 vii, on the sixth
day OF september, in the year eighteen hun
died and eighty, the defendant, George II
Walters, then OF said county but now of the
Cit, Of Norfolk, in the State of Virginia, he
ing indebted unto his wife Eliza l. Walters,
IN her lifetime 10 the sum OF Two thousan nd nd
Two hundred dollars, and Intending 10 secure
the payqien, thereof TO The said Eliza l. Wal
tiers, signed, sealed and delivered unto her
his single bill OF that date tor said sum of
money payable on demand, with interest
from date.
- art s,st-sif. rewards aii, or he -Ass,
day OF July, in the wear eighteen hundred
aud eighty -tour, the said Eliza l.. Walters
delivered said single bill TO the plaintiff as
ana Tor glii; tina, the plaintiff Immediately
accepted said gin, ana received said single
phi into his possession and placed the same
in u trunk under bis exclusive control.
h. That afterwards, 10 wit, on the elev-
enlll day OF July, in the year eighteen hun
dred and eghty-tour, lbe said Eliza l.. Wal
tiers departed this life.
5th. That afterwards, TO wit on the six |
teenlh day OF July, in the year eighteen hun
dted and eighty-'our, the plaintiff made an |
examination in said trunk Tor said single bill |
and found that The same had been lost or re-
moved from said trunk, without his knowl. !
edge or consent, and that although the plain |
'ih has made thorough and diiigent search |
and inquiry Tor said single bill, he has been
unable TO the 2resen, lime 10 discover the
same.
9th. That the said principal sum of two
thousand and Two hundred dollars has moi.
nor has any part thereof ever been paid 10
either the said Eliza l. Walters or the plain.
TN, but now is, together with the interest
thereof, due to the plaintiff
7ih. That The plaintiff has frequently Ct
late, by himself and otherwise, demanded
payment of the said single bill and interest
OF the said George Ii. Walters, but the de-
iendaut has hitherto refused and still refuses
TO pay the said sum of money and interest,
or any part thereof
9Th. That the defendant is the owner, in
lee simple, of several largeand valua BILE pieces
or parcels OF land situate and living in said
MnuiUn a. In a..
gate about one hundred aud torty.ive and
ihree-iourhs acres of land which are partic-
ularly described in the three following deeds,
VIZ Ina deed from Isaac X Mans and wife
10 HE said George II Walters. dated The
eighth day OF April, in the year ely hleen hum
dred aud sixty -four, and recorded among .he
Land Records OF said Montgomery county in
Liber f. b. p No. l. tolos 1872, &C.; in
re;tain other deed from The said Isaac r.
Aaus and wife to The said George H. Walters,
dated The ely I,h day Of June, in the year
eighteen hundred and sixly-iour, aud record
ed among said records ia Liber u. y. , No,
| folio 233, &c aud in certain other deed
from Julia \ Baker ami husband 10 the said
George II Walters, dated the eighth dav of
September. IN the year eighteen hundred and
seveul, seven, ana recorded nmou said rec
Ords 10 Liber II. Is T. M II, foiius 3jG
&c, 10 which said deeds reference Is made Tor
a fnl ayd accurate description of said lands
9Th. That The plainliH Is iibOut remedy In
Tue premises ia Court VI Common Law be-
cause, by reason of the loss OF said single bill
be is unable 10 lie his cause Of action, rs re-
luired by law, in an attachment proceeding
against the snid teal estate Of The said non
resident defendant
!, is ihereupon ordered aud adjudged that
The complainant, by causing copy OF this
order TO be inserted in some newspaper pub
lisbed al Rockville, 10 said county, once in
each Of Jour successive weeks before the
Iwenty-6fb day of January, ia The year .
eighteen hundred aud eighty six, give notice
10 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, TO auswer the premises ana show cause,
II any be has, why decree ought not TO pass
as prayed.
JAMES AND ERSON, Crk
Circuit Court for Montgomery county.
True copy--Test:
dec 25-bl JAMES ANDERSON, CPk.