The citizen. (Frederick City, Md.) 1895-1923, 1895-10-04

SEPTEMBER TERM, 1895.
The object of the bill of complaint filed in
this cause is to obtain decree for the sale OF
the real estate being lots Nos. 10 and Ii on
the plat of the town of Berlin NOW Bruns-
wick, in the possession of William f. HAYS
and Mary Catherine Johnson, and for divis-
ion of the proceeds of sale
The bill states that a certain George Ebbert,
formerly of Frederick County, was IN his life
time seized in fee of lot No. TO- under
n deed from one Jacob Jacobs; thai one-half
of the purchase moneyfo said lot was fur
nished by Catherine Hays, wife of William
G. Hays and u sister OF the said George
Ebbert. That said Catherine Hays was put
in possession of one-half of said lot many
years prior to her death, which occurred in
1870, and that since the death of said Cath
crime Hays the said William f. Hays, her
only son and heir at law, has been in possess
sion of said undivided half of said lot which
possession has been continuous and uninter-
rupted and under claim of title. That said
George Ebbert, by his last will and teSta-
ment, devised the other half of said lot to
his daughter, Mary Catherine, now Mary
Catherine Johnson, wife ~ John T. job son,
under the name of Mary Ann, but did not
make or attempt to make any disposition OF
the other half of said lot claimed by the said
Catherine Hays. That said George Gilbert
dieu, leaving three daughters: first, lydia
Ann Poole, whose first husband was john
Poole, now deceased, by whom she had three
children, namely, john II. Poole, Allie
Poole now married to James Litz, and Eman-
uel Poole. That the said Lydia Ann Poole,
after the death OF her said first husband,
intermarred with one Adam Rigel, and died
in August, 1888, leaving the above named
children as her only heirs at law and her
said husband, Adam Rigel.
Second-Lucinda Jet, wife of Daniel Jett,
now deceased.
Third.-Mary Catherine, wife of John t.
Johnson.
That the bare legal title to said undivided
half of lot No 10 claimed by the said Cath
crime Hays, as before stated, is in the above
named children and grandchildren of George
Ebbert. That said lot cannot be divided
! without loss AMI injury to the parties In in
terest and that il would be to the interest
and advantage of all that the same be sold.
That said Catherine Hays was also for many
years prior To her death, in 1870, la possession
under "a claim of Title Ia lot No. IL, on the
! plat of Berlin, and that since her death said
| lot has been in possession of William +.
Hays, her only son and heir at law, and the
said Mary Catherine Johnson, under claim
| of title thereto as joint owners.
That Leonard Smith, the founder of said
| town of Berlin, devised said lot No. IL in
| 1874 To his son, Benjamin Smith that since
said date no devise or conveyance of the
same can be- found, and that, therefore the
bare legal title TO said lot Is now vested In
| the unknown heir or heirs of said Benjamin
| smith. That said lot No. ii cannot be di-
vided without loss and injury; that 1t would
| be to the advantage and interest of the par
ties concerned that the same should be sold.
The bill prays for process against the said
| James Litz and Allie Lily, mis- wife; Eman-
uel Poole and Alexina Poole, his wife, and
Adam Rigel, residents of the State of Mary
| land, and for I'm order OF publication against
| the said John +. johnson and Mary Gather
inc Johnson, his wife; Lucinda Jett, John
| II. Poole aud Anne Poole, his wifi, non-rest-
dents of said ) ate, and against the unknown
heirs of Benjamin smith, deceased
IL Is thereupOn adj judged and ordered that
I the complain ant, by causing copy of this
order To be inserted In some newspaper pub
lished in Frederick County, once in each OF
four successive weeks before the I'd day OF
November, 1895, give notice To the said absent
defendants and the unknown heirs of the
said Benjamin smith, of the object aud SUBJ
stance of this bill, warning them to appear
in this Court in person or 10y solicitor, ON or
before the 18th day of November, 1895, TO an
swer the premises and show cause, If any
they have why decree ought not To pass as
prayed.
oiled October 3D. 1851
JOHN l.. JORDAN,
Clerk of the Circuit Court for Frederick county,
True cOpy-Test:
JOHN l.. JORDAN, Clerk.
Oct 3-5t.
Ross, Reich Il Newman, Solicitors