Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1895-12-06
ORDER or PUBLICATION.
Louis Mackall, Plaintiff,
vs..
Paul Urcinolo, Defendant,
In the Circuit Court for Montgomery county.
No. 1851 Equity

TNHE OBJECT of this suit is to enjoin the
Il defendant, Paul Urcin olo, his agents,
servants and employees from continuing to OBJ
struct right-oEway extending from the
plaintiffs farm in Montgomery county, Mary
land, over the lands OF the defendant and
Cornelia r. Truesdae 10 a public highway.
That the plaintiff is now and since the
month of November, A, D., 1854, has been
seezed In fee simple Of large and valuable
farm situate in the county OF Mon tgomery and
State of Maryland which is particularly de-
scribed In deed from Harriet Caroline Mack
all to him, dated the - day OF November,
A. D., 1854, and recorded among the Land
Records Of said county in Liber J. g. H., No.
4, folios 0, &c.
That the defendant is the owner of par
eel Of land situate la said county, adjacent to
the plaintiffs said farm, which is particular
ly described in deed from George N. Beall
and wife to the defendant, dated the 9th day
Of May, A. D., 1895, and recorded among
said Land Records in Liber j A No. 40,
folio 1884.
That certain Cornea Riggs Truesdale is
the owner of a parcel of ground situate in
said county adjacent to the said land of the
defendant and abutting upon certain public
highway there situate, which land is partic-
ularly described In deed from Alexander
Burns and wife to her, dated the 10th day of
December, A. D., 1892, and recorded among
the Land Records of said county in Liber J .
A., No. SO, folio 1873.
That the plaintiff agents, servants and en-
ployes AT all times and members Of plaintiffs
family during portions of each year reside
upon the plaintiffs said farm, that large
portion thereof is under cultivation and that
the plaintiff derives therefrom annually
large amount of oats, corn, rye, vegetables,
dairy products, poultry and eggs, a large part
OF which is sold or consumed by the plain
tiff in the city Of Washington and District of
Columbia, and that the plaintiff now has upon
his said farm large amount Of the products
thereof which are now ready to be convey ed
to market, and that there are at all times
other valuable products arising from said
farm which are in their nature pershabe and
which, unless promptly conveyed therefrom,
are liable to become a total loss TO the plain
tiff
That in the month Of November A. D.,
1854, when the plaintiff first acquired title to
his said farm and long prior thereto there was
and still is a way aud road leading from the
plaintiff said farm over the lands now owned
by the defendant and the said Truesdale TO
and into said public highway which said way
and road the plaintiff and those under whom
he claims from time immemorial have had
and used and have been accustomed to have
and use for himself and themselves and his
and their servants aud agents with horses
and wagons to go and return at his or their
free will and pleasure for the more convenient
occupation and enjoyment of his said farm.
That on or about the 10th day Of October,
A. D., 1895. the defendant closed up the said
way through his said land by telling and
placing large trees across the same aud thu
deprived and still continues to deprive the
plaintiff OF the use and enjoyment OF said
way in any manner.
That by reason of the obstruction and
closing up of said way by the defendant, as
aforesaid, the plaintiff is compelled 10 haul
the products of his said farm to market by a
much longer and more circuitous road by
which he Is greatly Inconvenience and sub
iected to much trouble, and that the value Of
his said property is greatly deprecated there
by, and that the road he is thus compelled to
use passes through lands over which he has
no right-of-way except by permission of the
party renting the same, and that il this per-
mission should AT any time be refused, he
| would have no outlet from his said farm and
no means 10 convey the products thereof there
| from
That the plaintiff though he might have a
| remedy at law against the defendant for his
wrongful act in obstructing said way yet the
same would be attended with great delay and
would involve multiplicity of suits for the
| same cause OF action, ana the DEFENDANT be-
| ing resident of the District of Columbia,
even il the plaintiff should bring an action al
law against him for obstrucling said way on
the law side of this Court il would DO impos-
sible 10 have process therein served upon
| him.
That the plaintiff and defendant reside ia
the city OF Washington and District of Co
lumbia
II is thereupon this ninth day of Novem'
Der, A. D., 1895, ordered by the Circuit Cour
for Montgomery county, in Equity, that the
plaintiff, by causing copy of this order to
be inserted in some newspaper printed and
published in said Montgomery county, one,
| in each of four successive weeks before the
seventh day of December, A. D, 1895, give
notice to the said nou-resi dent defendant,
Paul UrcinoIo, OF the object and substance o.
this bill, and warning him to appear in thi
Court, in person or by solicitor, on or befor'
the 2Sd day of December next, to show cause
il any he has, why decree ought not to b,
passed AS prayed.
JAMES ANDERSON, Cl'k
| Circuit Court for Montgomery county.
True copy-Test;
nov lb-td JAMES ANDERSON, Crk.