The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1894-03-23
No. 2O31 Equ t..

TPON cross bill filed in above ent' tied
~ causes consolidated. and amendment
thereto, filed by Mary Il Manning widow of
Van ii. Manning, deceased, Levi ii Manning.
Van ii. Manning, Mary o. Fletcher, nee
Manning. and l.. G. Fletcher her husband.
and Harriet w. Manning. adult defendants;
and J. Russell Manning Mittie Louise Man
ming Wilkins X. Manning and Margarit e
Elizabeth Manning infant defendants in above
entitled causes by Mary L. Manning, their
next friend, against The Ohio National Bank,
a body corporate of Washington, ID. G., and
Julius Lansburgh. of Washington, ID. c.,
plaintiffs. in Equity No. 2O3l, Thomas Pun
phrey defendant in said cause No. 2O3l, Pink
ney A. Scaggs, a defendant in both causes,
and I. r. Brooks, w. Kesley Shoeph, Gustav
and James Linsburg. trading as Lansburg <
Bro, and Duane +. Fox, IL of Washington,
ID. G.. creditors of said estate, not parties to
said suits, L. A. Scaggs and Edward E. Franz
oni, Trustees, Rosie f S'aggs, beneficiary. the
said L. K. Brooks, W. Kes!ey Shoeph, Gus
t,v Lansburgh and James Lansburgh, trading
as Lansburgh & Bro, Duane f. Fox and Ed
ward f. FranZoni, being non residents of the
State of Maryland
The object of said cross bill is to have the
count set aside and declare null and void a
sale made by Thomas Humphrey, Mortgage
Oh the - day of 5 ptember 1893, Of the real
estate of which Van II. Manning died seized
and upon which be resided at his death, 81 IL
ate in Prince Georges County, Mary land, neal
Branchyille on the Baltimore Il Ohio Il. R.,
containing about G9a acres, and to have the
court decree that the defendants to said cross
bill shall carry out in good faith their agree
ment made with the widow and heirs at law,
of said Van II. Manning. deceased to protect
and If necessary pay off and discharge the
i,,a tn rrhp,n,S nd la
deed of trust to Pinkney, \. Scaggs, trustee
for Rosie Z. Scaggs, beneficiary, on said rea!
estate, and TO take said real estate in discharge
of the debls due by said decedent as interest
should appear, at the price of S1T1 per acre
free from any 81 aim of dover by Mary Il. Mall
nlng, widow of Van III. Manning, deceased.
and for general settlement of the estat !, and
to require all Of the creditors of said es' att to
come into this court and in this cause prove
and establish their claims as this court shall
direct and for such other further and general
relief as is adapted to the nature of their case
and agreeable to equity and coed conscience
The plaintiffs in their cross -bil and amenL-
ment (who are defendants in the said Equity
sTts No. 2O29 and 2o3D say that the defend
ants to said crOSs-b.l to wit Z. Il. Brooks,
The Ohio National Bank, julius Lansburgh.
=. A. Scaggs,, LanSburgh II Bro, W. Kesley
Shoeph, and Duane +. Fox, entered into a
positive and definite contract and agreement,
with them the said widow and heirs of Van
II. Manning deceased to take and buy the
said real estate above described al the price OF
$50 per acre, free from dover, and out of the
same to protect and pay off the Mortgage due
to Thomas Humphrey for $1,000 and the deed
oftrustto rinkney A. Scaegs trustee for Rosie
T.. ScaoGS, beneficiary, and to credit their
claims against the SAID estate with the remain
der of the purchase money as interest shoul |
Al pear.
They further say that the said defendants
10 their said cross-bil, violated their agree :
ment and undertaking with them and submit
tie to and permitted said real estate to be sold
by the said Thomas Humphrey in an eXparte
proceeding, and became the purchasers there
of at said foreclosure sale Though Z. X. Brooks
for the sum of S6lJ0 in fraud of the rights OF
said widow and heirs at law of said Van II
Manning, deceased
They claim that said purchase by said pnties
was besid:s icing in violation of their agree
ment for a grossly inadequate price not over
one third the real value of the 69a acres OF
land, and they aver in their amendment that
no part Of the sum of SGl50 has ever been paid
but that The said Humphrey and the sa Rosie
E. Scaggs have both accepted Mortgages for
the full amount of the indebtedness due
them by the late Van III. Manning.
They ask that all of said creditors defendant
and all other creditors of said decedent be re
quired to become palties to this cause, and to
prove their claims in strict accordance with
law before such officer as this count may direct
or appoint.
The bill asks for specific performance of the
agreement of said parties TO take the land al
$40 and that said amount be set of against
their claims when proven against said estate.
1t is thereupon this Sh day of February, in
the year 1894, ordered by the Circuit Court Of
Prince Georges County, sitting in Equity,
that the plaintiffs in this cross bill, give notice
t. the said nonresident defendants of the Oh
iectS, and substance Of this crossbill of com
plant, by causing a copy of this order to be
inserted in some newspaper published once in
each OF tour successive weeks before the 9Th
day of April, 1854, warning the said absent
defend ants to be and appear in this court il
person or by solicitor on or before the 23l DAY
OF April, 1894, and show cause, il any they
have, why a decree should not be passed as
prayed for.
JOHN W. BELT, CT rk
Of tie Circuit Court for Prince Georges Co.
True copy. ! JOHN W. BELT, Clerk
Test: