The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-02-08

,
BrileX,, Charles Briley. Michael Harkins,
Ella Hmkins, John NJ. Solomon, j. Albert
Wood, William Wood, Harry W. Bell, Charles
Walton and James NJ. Naudain. defendants,
In the Circuit Court for Cecil county, in
equity.
The object of this suit is to procure n 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 discovery and account of
sales OF clay from said real estate, from and
The bill states:
|. That a certain Mary Elizabeth Bricy
inte OF Cecil county deceased, departed this
and seized and possessed OF certain real estate
situated in the Third Election District of said
county, portion Of which was conveyed
dated on the 2Sth day of May. in the year 1864
ana recorded among the land records of said
COUNTY c,a in Liber W. FL. r. Mo-, folio AS, Sc
ana another portion of which was conveyed
uhto hcr ny Hiram Mccullough, trustee. by
deed dated August the I'D, 1862, and recorded
am aoii the n, said records in LTber W. II. r.. No
4, toho 4l9. &c.; and another portion of which
was conveyed unto her by Hiram Mccullough
by deed dated on the 23d day of August 1862
and recorded among the said records in Liner
w. IL. X. No. 1, folio 40 &C., rs will appear
OK ccrtllicd cor les thereof filed us part of said
2. That she left surviving her. her bus-
band John i'riley, who has since departed
TINS ME ana the following children and heirs
At ld Ry,o Ma r I'rt.y, Charles BriIey, John
u: Bri.ey and the male pIaintin.
-. lhat since the death of their said mother,
me said Addie G.. Hriley has intermarrieG
Ella j. BrllGy with certain Michael Harkins,
and the said Martha Briley with Il certain
'aorT Tba mtc hb wh2 baS departed this life
parted tnlS III lntcstatc. cavng surv wing her
hcr husband, the said Michael ha, tins and
her only child, Eta Harkins, who il an infant,
y. a f.f Inn, la
plaintiff is Clara NJ. Brlcy.
o. That since the death of the said George
MGkkin1 , the said Martina McKinsey together
vim her four and only children, Frank Nc
kinsey, George Mckinscy, Alice McKins Y
ana Mchinscy have I'LL departed this
-, That the interest of the said Martha
MGhlIscN IN ana to the real estate which said
ON Is intended to affect, the same being II
descended 10 the said Charles Brilcy, John A.
lirtloy, Addic q. Steele, Asa Brilry, Ella IIar-
kins and the male plaintiff.
4. That on the 30th day of : ptclI bcr in
the year ESQ, 10y deed OF that date, recorded
among the land records aforesaid in Iihcr j.
a. D. NO. u, folio 3,,, &c.. the said John A.
EIiIIortt BriICy. the said Michael llarkins
anG Ella j; iiarktns, his wife, John \. Erilcy,
Clarence Steele, Addir G. Steele, his wife, Arl
i'rilcy and the plaintiffs conveyed all of their
uu!lN idcd interest in and to four aUl Us Of
the said real estate unto j. AHcrt Wupi, an /!
a ii1 on the 18Th day Of May lS1 The
|
recorded among the said records in llher j.
A. ID: No. -, folio jG, conveyed all his int crest
IN sad fournGrcs of land unto the said j Albert
Wood ana William Wood. and that atltH ward
the said J. Albert Wood and Anna L. No..
his wife, and William Wood, by decd of dat ,
the 2lSt day of October in the year l,ai and
recorded among the land records aforesaid in
Liber j. I. G. No. >, folio I2G, Nc, convcyt d ~
OF thGir interest in said real estate unto the
said John NJ. solomon: as will appear NV ref
ercncc tuc rtthcd copies of said deeds, flied
as part of said bill.
9. That the said real estate cannot bc di-
Nidcd among the parties inter, stcd therein
; without loss and injury to the parties inter-
cStcd therein.
10. That the plaintiffs and the said Charles
live IN tccll county aforesaid; the said John
\. Brilcy lives in the stat" Of California or
elsewhere beyond the jurisdiction OF this
'inrkins live In the State of Delaware or cise-
where beyond the jurisdiction of this Court;
and the said Asa 8rilcy lives outside of the
state OF Maryland and beyond the jurisdiction
ut this Court; and the said j. Albert Wood
WI Lam Wood and John NJ. solomon live in
the jurisdiction of this Court
IL. That the said land in which the said
Martha Mckins"y owned the said undivided
interest is undcrluid with very valuable clay
which is extensively used for pottery ana
other purposes, and that the said j. Albeit
Wood, VIM. Wood ana John NJ. solomon have
ever since the said convcyanccs were made to
them, dug, removed and sold large quantities
thereof, and have thcretrom realized lnrgc
| profits, the whole of which they have received
and for none Of which have they rendered
amy account or made an, payment or return
to the parties owning the said undivided
interest, and that so far they have refused to
render any account therefor or to make any
return or PAY men! ON account thereof.
L.. That II certain Harry W. Bell, James NJ
Naudhin ana Charles Walton also claim to
hay" some lien or interest in or upon the
said undivided interest in said land the
nature of which is to the plaintiffs unknown
Is. That tn" said Harry W. Bell and james
n Ia
and the said Charles Walton in the State OF
Delaware.
The bill prays that the defendants laay
answer the matters and things set forth in the
hill 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 10y them received from the sale
the quantity of clay dug and sold by them
ana all sums 10y them received from the sale
OF the said clay since the date of said convey
;nces 10 thcm, and account to and with the
male pElintih and the other par les interested
therein in tho snid undivided interest OF the
said Martha Mckinscy and thar the said j.
Albert Wood, William Wood and John NJ,
solomon may be dccrccd to pay unto the male
plaintin and I he other parties us aforesaid
rested in The said undivided interest all
sums by them or any of them due to the male
plaintiff and the other interested parties as
aforesaid from said sales Of clay: also that
the said real estate may be sold for partition
and that the plaintiffs may have such further
and other relief rs their case may require.
1t is thercupon this 9th day of February, in
the year 1876 ordered that the plaintiffs cause
II copy of this order to be inserted in some
newspaper printed and published in Cecil
} County aforesaid once week for four sue
ccssivc weeks before the nth day of March
next, giving notice to the said John A. Brilcy
Michael Harkins Ella Harkins. Asa Briley,
}. Albert Wood, William Wood, John NJ Sol
ONION and Charles Walton of the object and
substance of said bill. and warning them to
appear in this Court in person or by solicitor
on or before the 25th day of March next to
answer the premises and show cause if any
they have, why decree ought not to pass ms
prayed.
JAMES T. GRAHAM.
True Copy-Icst: Clerk.
fcbs JAMES T. GRAHAM, Clerk.