The citizen. (Frederick City, Md.) 1895-1923, 1895-10-25

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 III on
the plat of the town OF Berlin (nOw Bruins
wick, in the possession Of william F. hays
ion of the proceeds of sale.
The bill states that a certain George EbberL,
formerly of Frederick County, was in his life
time seized in fee of lot No. 10, under
a deed from one Jacob Jacobs; that one-half
of the purchase money fore said lot was fur
nished by Catherine Hays, wife of William
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 of John I. johnson,
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 Ebbert
died, leaving three daughters; first, Lydia
Ann Poole whose first husband was John
Poole, now deceased, by whom she had three
Poole, now married to James Litz, and Eman-
uel Poole. That the said Lydia Ann Poole,
after the death OF her said first husband
intermarried with one Adam Rigel and died
in August, 1895, leaving the above named
children Us 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
Ebbeft. That said lot cannot be divided
without loss and injury to the parties in in
terest, and that it 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 ia possession
under a claim OF title 10 lot No. ii. 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. il cannot be di.
vided without loss and injury; that IL would
be to the advantage and int crest of the par
ties concerned that the same should be sold
The BIZ prays for process against the said
James Lite and Allie LilZ, mis- wife; Eman-
uel Poole and Alexina Poole, his wife, and
Adam Rigel, residents of the State of Mary.
land, and for an order OF publication against
the said John +. Johnson and Mary Gather
Inc Johnson, his wife; Lucinda Jett, John
ii. Poole and Anne Poole, his wife. non-resi-
dents OF said State and against the unknown
heirs of Benjamin Smith, deceased.
IL is thereupon adjudged and ordered that
the complainant, by causing a 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 and SUBJ
stance of this bill, warning them to appear
IN This Court In person or by 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 ID, 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.