Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1891-08-27

In the Circuit Court for Frederick County,
sitting as a Court Of Equity.
July Tenn, 1891.
Henrietta Elder, by William, Elder, her
husband and pro cdien ami
VS..
Ambrose E. Myers.
Nhc object OF this suit Is to enforce the
l. payment of the residue of the purchase
money and interest thereon for u tract of
land described III the article of agreement
filed with this bill marked Exhibit A., and in
default of the same 20 sell the said tract of
land under the direction of the Court to pay
and satisfy the plaintiffs Vendors Lien.
list. The bill states tina, on the 22nd day
OF March, 1880, the Plaintiff entered into an
article of agreement under seal with Mary e.
Myers to sell and convey to the said Mary +.
Myers by good and sufficient deed in fee
simple for the consideration Of $500, a Ger
tain tract of land situated IN Frederick
County, Maryland, and described in said ar
ticle of agreement.
End That said agreement provided. that
said Mary f My ers, purchase the said tract
of land from the plaintiff and pay tho said
Eight Hundred dollars as follows: Fifty
dollars on day of sal agreement, three hun
drcd and fifty on December the 16th 1889
and four hundred dollars, with interest from
April LIST, 1890, on the 10th day of Deccm-
Der, 1890.
3rd. That in consideration thereof the
plaintiff agreed to execute and deliver to
said Mary E. Myers good and sufficient
deed on the 10th day of December, 1890, as
will appear from said agreement.
4th. That while the agreement was IN the
name of Mary f. Myers, in truth and fact
certain Ambrose 4. Myers, her husband was,
and was Intended to be the purchaser there.
of and TO pay the purchase money therefor
and that Ambrose F. Myers did pay plain
tiff the first payments thereon amounting to
the sum of four hundred dollars and was to
make the subsequent payments.
9Th That said Mary E. Myers is now
dead, leaving her said husband, Ambrose E.
Myers, surviving.
9th That there remains due and unpaid
the residue of the SAID purchase money, four
hundred dollars, with interest thereon from
April 1890.
9TH. That the plaintiff isprcparcd execute
and deliver to said Ambrose r. Myers a good
and sufficient deed in fee simple for said
tract of land upon payment Of the residue of
said purchase money
Sth That the said Ambrose Il. Myers
has left this State and is not citizen thereof
but resident IN the State of Pennsylvania.
And the plaintiff prays the following relief,
| toWlt:
LIST. That your Honors pass decree
herein directing and ordering the said AM
brosc f. Myers to pay on or before certain
day, the said four hundred dollars, and the
interest thereon from said first day Of April
1890, and in default of said payment direct
ing and ordering that said tract of land be
sold under the direction of your Honorable
Court to pay and satisfy the Vendors Lien.
which the Plaintiffs advised she holds on
Es;tid tract of land.
End And for such further or other relief
to which the plaintiff may be entitled.
| 1t is thereupon this 92nd day of July A.
d., 1897, adjudgcd and ordered by the Cir
cult Court for Frederick County, sitting is
a Court of Equity, and by the authority
thereof, that the plaintiff cause a copy of this
Order together with Il statement of the OBJ
jcct and substance of the Bill, to be inserted
in some newspaper published lin Frederick
County, once week for four successive
weeks before the Goth day of August, A. D.,
1891, giving notice to the non. resident de-
fendant, and warning hun to be and appear
IN this Court IN person or ny Solicitor, on or
before the 18th day of September AID, 1891,
to show cause, if any he has, why decree
ought not TO pass as prayed
Filed July 22nd, 1891.
w. IRVING PARSONS,
Clerk of the Circuit Court for Frcdcr OK &C.
True Copy Test;
iS305 W. Irving Parsons, Clerkr