Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-02-19

TO JOSEPH SLACK AND MARY ANN
i SLACK, his wife, and all Others the heirs
and legal representatives of Matthew Fielding,
late of the county of Allegheny, in the Com.
monwealth of Pennsylvania, deceased.
You are hereby notified that John F. w heless,
William S. Riddle and Elizabeth Riddle Payne,
plaintiffs, have filed bill against you and
Laurence W. Prophater in the Court of Com
mon Pleas No. l of Allegheny county, in said
Commonwealth, at No. ia March Term, 1889,
the substance whereof is as follows, viz:
The said plaintiffs are the owners and are in
quiet possession of piece of land in the First
ward, City of Allegheny. Pennsylvania. being
lots Nos. 2 and in the plan laid out by Edward
Stephens, recorded In Deed book vol. s., page
So said lots together having a frontage on the
northeasterly Side of South avenue formerly
Bank lane, of so feet and depth of $50 to an
alley.
Matthew Fielding, about the year 1916, by
deed duly executed, conveyed and delivered
possession of said premises to Edward w.
Stephens. The title of said Stephens is now
duly vested in said plaintiffs. And said Stephens
and his vendees and plaintiffs have been since
about the year 1916 in notorious, adverse, con-
tinuous and exclusive possession of said premi-
ses Said deed from Fielding cannot be found,
and is believed to have been lost.
Laurence w. Prophater, one of the heirs of
Matthew Fielding asserts that plaintiffs title
to said premises is invalid, and that ne and you
are the true owners thereof, and thereby pre-
vents plaintiffs from selling the same. And the
object of said bill is to obtain from the court a
g cd and valid in law and equity, and to compel
you and Laurence w. Prophater to release to
plaintiffs all your claims to and interest in said
premises as heirs and legal representatives of
Matthew Fielding. deceased. if any such inter-
est you have.
And the plaintiffs, having made search for
you in Allegheny county, and not being able to
find you, made affidavit thereto and presented
the same to court. Whereupon the court have
made this order:
"And now to wit, February 2, 1889, the fore
going affidavit is presented in open court, and
upon consideration thereof, it appearing to the
Court that Joseph Slack. Mary Ann Slack and
all others. the heirs andlegal representatives of
Matthew Fielding, late of the county of Ale
gheny in the Commonwealth OF Pennsylvania
deceased, defendants in the case, cannot upon
diligent search and inquiry be found so as to be
personally served with process, and upon
motion of II. and 6. G. Burgwin, attorneys for
plaintiffs, it is ordered that the said Joseph
Slack, Mary Ann Slack and all others, the heirs
and legal representatives of said Matthew
Fielding, be notified and required to cause an
appearance to be entered for them on or before
the first Monday of March, 1889, to the bill of
complaint filed against them in this case, and
that copy of this order and a statement of the
substance and object of said bill be published
as provided by law in the Pittsburg Dispatch
once week for three weeks"
Note.-If you fail to comply with above di-
rections by not entering an appearance in the
Prothonotary's Office on or before the first
Monday of March, 1889, the bill will be taken
pro confesso, and decree made against you in
your absence. H. & 6. c. BURGW1N.
Attorneys for plaintiffs,
$50 Fourth ave., Pittsburg.
FEBRUARY2 2, 1859. fe5-4l-Tu