The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-02-22

i''Shhilh, Ltsu
BrrileH, Charles Brile!. hichnel llarkins,
Ella Harkins, John NJ. solomon j. Albert
Walton and james M. Naudain. defendants.
In the Circuit Court for Cecil county, in
equity.
The object of this suit is to procure Il decree
Tor the sale of certain real estate, in the bill
OF complaint described, for division of the
proceeds OF sale among the parties interested
therein and for II discovery and account of
sales OF clay from said real estate from and
py IhreG i OF SAID defendants as So forth herein.
|. That u certain Mary Elizabeth Briley.
iatc OF Cecil county, deceased, departed this
and seized and possessed OF certain real EST; =
situated in the Third Election District of -. a
county, portion of which was convey
dated on the 18th day of May. in the year y 4;
and recorded among the land records of sad
county IN Llber W. II. II. No. {, folio 445, &C.;
unto hcr by Hiram Mccullough trustee by
deed dated August the I'D, ls62, and recorded
among the said records in Libcr W. H. r. No.
!, tollo ilo, &c.; and another portion of which
was conveyed unto her by Hiram Mccullough
by deed dated On the 234 ial of lug!,,t 1872
ana recorded among the aid records in Libcr
w. II. X. No. 4, folio iaO. &C., as vii. appear
by certified COZ les thereof filed as part of said
2. That she left surviving her, her hus-
band John Briley, who has since departed
at lazy; Martha Briley, Charles Briicy, John
a. Ibrrilcy, Ella }. Briley, Asa Brilcy, Addc
u Briicy and the male l...i.uin
y. That since the d,tin of their said mother.
thc SAID Addie G. Brlcy has intormarried
With wil "A certain Clarence Steele, and the said
Ella j. Brilcy with II certain Michael Harkins,
ana the said Martha l'rilcy With Il certain
George Mckinsey; who has departed this life.
4: That the said Ella J. Han kins has de-
parted TINS life interstate, leaving surviving her
her husband, the said Michael Hnrkins and
her only child, Ella Harkns who is an infant.
d. ,i,t ii't tre name Of the wife of the male
o.. mat since the death of the said George
M;G.kt . said Martha Mckinsey together
Wi,, ner c -FOUR and only children Frank Nc
hlIscy, george Mcklnsey, Alice McKinsey
life intestatc. '''' ''P'''' '' '"'9
-, That the interest of the said Martha
Mckinsey in and to the real estate which said
biii Is INTENDED to affect, the same being II
9nr-seycntll undivided interest therein, has
d dee, to the said Charles Brey John A.
brilcy, Addie G. steele, Asa Bricy. Ella lIar-
klns ana the male plaintiff
8. That on the 3Oth day of September. in
the year 1870, by deed Of that date, recorded
among the land records aforesaid in Iiber j
a. ID. No. Il, folio BIZ, &C.. the said John A
Brilei, SURVIVING husband of the said Mary
tllTi ,1 l!riley, the. said Michael Harkns
ana Ella j: llnrkins, his wife, John A. BriJCy,
! Clarence Steele, Adde G. steele his wife ASA
l'rilcy and the plaintiffs conveyed ali of their
me said real estate unto J. Albert Wood, and
afterwards on the 18th day Of Nav lsgl the
said Charles BrilGy, by deed of that date
RECORDED among the said records in lber j.
a. ID: NO. ~, folio 5b, conveyed all his interest
N said four acres of land unto the said J. Albert
Wood and William Wood. and that aftcrward
ne SAID }. Albert Wood and Anna l.. Wood,
his wife and William Wood by deed of date
the list day of October in the year 1898, and
recorded among the land records aforesaid in
Liber J. II. G. No. 5, folio III, &C., conveyed ail
OF their Interest in said real estate unto the
said John NJ. Solomon; as will appear by ref
ercncc to c. rtiiied copies of said deeds, filed
as part of said bill
D. That the said real estate cannot he df
'idcd among the parties inter, st,d therein
without loss and injury to the parties inter
10. That the plaintiffs and the said Charles
Briley, Addie &, Steele and Clarence Steele
I'VE IN Cecil county, aforesaid; the said John
A. Briley lives In the State of California or
elsewhere beyond the jurisdiction of this
Court; the said Michael Harkins and Ella
'inrklns live In the State of Delaware or Else
and the said Asa Briley lives outside of the
State of Maryland and beyond the jurisdiction
# # this Court; and the said }. Albert Wood,
the State of Delaware or elsewhere beyond
the jurisdiction of this Court.
IL. That the said land in which th. said
Martha McKinscy owned the said undivided
interest is underlaid with very valuable clay
which is extensively used for pottery and
other purposes, and that the said J. Albert
Wood, VIM. Wood and John NJ solomon have.
ever since the said convcyances were made to
them, dug, removed and sold large quantities
thereof, and have therefrom realized large
profits, the whole of which they have received
and for none CT which have they rendered
any account or made an! payment return
to tthe parties owning the said undivided
interest, and that SO far they have refused to
render any account therefor or to make any
return or payment on account thereof.
II. That a certain Harry W. Bell, james NJ
Naudain and Charles Walton also claim to
have some lien or interest in or upon the
said undivided interest in said land, the
nature of which Is to the plaintiffs unknown.
ID. That the said Harry w. Bell and James
NJ. Naudain live in Cecil County aforesaid,
and the said Charles Walton in the State of
Delaware.
The bill prays that the defendants NAV
answer the matters and things set forth in the
bill of complaint. and that the defendants. j.
Albert Wood. william Wood and John NJ
solomon may discover and set forth in detail
all the sums by them received from the sale,
the quantity of clay dug and sold by them
and all sums by them receive from the sale
of the said clay since the date of said convey
anccs to them, and account to and with the
male plaintiff and the other par les interested
therein in the said undivided interest OF the
Albert Wood, william Wood and John NJ.
Solomon may be decreed to pay unto the male
plaintiff and the other parties so as aforesaid
interested in the said undivided interest, MI
sums by them or any of them due to the male
plaintiff and the other intert sted parties as
aforesaid from said sales of clay; also that
the said real estate may he sold for partition
and that the plaintiffs may have such further
and other relief as their case may require
1t Is thereupon this 9Th day of Fl bruary, in
the year 1896, ordered that the plaintiffs cause
IL copy of this order to be inserted i'm some
newspaper printed and published in Cecil
County aforesaid once a week for four sue
| cessive weeks before the 9th day of March
next, giving notice TO the said John A. Brlley,
Michael Harkins, Ella HaIkins. Asa Briley
j. Albert Wood, William Wou,', John NJ Sol
ONION and Charles Walton of thc object and
| substance of said bill and warning them to
appear in this Court in person or hy solicitor
on or before the 25th day of March next to
answer the premises AMI show cause, If any
they have, why n decree on ,ht not to pass as
prayed.
JAMES T. GRAHAM
True Copy-Test: Clerk.
febS JAMES r. GRAHAM Clerk