The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1894-03-16
No. 2031 Equ tv

Upon cross bill filed in above entitled
~ causes consolidated, and amendment
there, o. filed by Mary Il Manning widow of
Van H. Mann ing, deceased, Levi I'll Manning,
Van IL. Manning, Mary Q. Fletcher, nee
Manning. and L. G. Fletcher her husband,
and Harriet W. Manning, adult defendants;
ard j. Russell MahnlI :, Mttie Louise Mar :
ming, Wilkins r. Manning and Margarit e
Elizabeth Manning, infant defendants in above
entitled causes by Mary Z. Manning, their
next friend, against The Ohio National Bank,
a body corporate of Washington, d. G., and
Julius Lansburgh. of Washington, ID. c.,
plaintiffs, in Equity No. POSI-, Thomas PUN
phrey defendant in SAID cause No. 203l, Pink
ney A. Scaggs, deferdaIt in both causes,
and T. Il. Brooks, W. kesley Shoeph, Gustav
and James Lausburg, trading as Lansburg 4
Bro and Duane E. Fox, il of Washington,
ID. G., creditors of said eStalp, not parties to
said suits, 7. n. Scaggs and Edward E. Franz
on. Trustees. X Isle + : .aggs, beneficiary. the
said r. Il b. ooks, W. kesIey Shoeph. Gus
t.v Lansburgh and James LansDurgh, trading
as Lansburgh Il Bto., Duane E. Fox and Ed
ward F.. Franzonl, be ing non residents of the
State of Maryland.
The object of said cross bill is to have the
couit set aside and declare null and void a
sale made by Thomas Humphrey, Mortgage
OIL the - day of S ptember, 1893, Of the real
estate of which Van H. Manning died seized
and upon which he resided at his death, 81 IL
ate in Prince Georges County, Mary land, near
Bfanchvlle on the Baltimore Il Ohio r. R.,
containing about 69a 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
deed of trust to Pinkney, y. Scag9s, trustee
for Rosie E. Scaggs, beneficiary, Oh said real
estate, and to take said real estate in discharge
of the debts due by said decedent as interest
should appear at The price OF $40 per acre
free flom any Il tI,n OF dover BIZ Mary Il. Mar
nlng, widow of Van ii NJ n'.i;!-, deceased.
aud tor d general Sett ement OF the esiat :, ami
to require all of the creditors of said estat9 to
come into this court and III this cause prove
and establish their claims as this court shall
direct aid for such other further and general
relief as is adapted to the nature of their case
aud agreeable to equity and coed conscience.
The plaintiffs in their cross bill aud amenL
ment (who are defendants in the SAID Equity
suits No 2029 and 2O3l) say that the d ftnd
ants to said cross-b i to wit T. r. Brooks,
The Ohio National Bank, Julius Lansburgh.
p. A. Scaggs,, Ltnsburgh & Bro, W. Kesley
Shoeph, and Duane +. Fox, entered into
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
Sl15 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
of trust to Plnkney A. Scaegs trustee for Rosie
L. Scaggs, beneficiary, and to credit their
claims against the said eS ate with the remain
der of the purchase mouey as interest shoul /
appear.
They further say that the said defendants
to their said crosSbill, violated their agree
ment and undertaking with them and submit
ted to aud penn tied said real estate TO be sold
by the said Thomas Humphrey in an expare
proceeding. and became the purchasers there
of at said foreclosure sale Iough L. r. Brooks
for the sum of $3.50 in fraud of the rights OF
said widow and heirs at law of said Van H.
Manning, deceased.
They claim that said purchase by said puties
was besides icing in violation of their agree
ment for grossly inadequate price not over
one-.hird the real value of the 693 acres of
land, and they aver i'll their amendment that
10 part Of the sum of $3.50 has ever been paid
1ut that the said Humphrey and the sa d Rosie
+. Scaggs have both ACCEPT I'd Mortgages for
the full amount OF he indebtedness due
them 10y the late Van II. Manning.
They ask lilat all OF said creditors defendant
and all olher creditors of said deceGent, be re
quired to become parties 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 10 take the land at
$40 and that said amount be set off against
their claims when proven against said estate.
1t is thereupon this day of FebruarT. in
the year 1894, ordered by the Circuit Court Of
Prince Georges County, sitting in Equity,
that the plaintiffs in this bill, give notice
t. the said nou-resideit defendants Of the OF
iects, and substance of this cross bill of com
plaint, by causing copy of this ord"r to be
inserted IN some newspaper published once I'D
each of four successive weeks before the 9TH
day of April, 1894, warning the said absent
defend ants to be and appear in this court III
person or by solicitor on or before the I'D day
of April 1894, and show causa, if any they
have, why decree should not be passed as
prayed for.
JOHN w. BELT, Clerk
of tie Circuit Court for Prince Georges Co.
True copy. JOHN W. BELT, Clerk.
Test: