The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-02-15

Ella hatkins, John NJ solomon j Albert
WWona, W llliam 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 II decree
lDf the sale of certain real estate, in the bin
or complaint described, for division of thc
proceeds of sale among the parties interested
therein and for discovery and account of
saitS Oh clay from said real estate, from and
The bill states: " " '
|. That 4 certain Mary Elizabeth Brilcy,
ill., ts o, nrr,, county deceased, departed this
ana seized aud possessed of certain real estate
situated in the Third Election Dstric, of said
county ,,nt PORTION OF which was conveyed
unto her by Hiram Mccullough, by decd
dated on the 18th day of May. in the year 1864;
ana recorded among the land records of said
county IN Libcr W. II. Il. No. :. folio As, Sc:
and anol her portion of which was conveyed
unto her by Hiram Mccullough trustee hy
deed dated August the I'D 1852, and recorded
among ne said records in Libcr w. II. II. No.
:, loIlo NV. nc: ana another portion of which
was conveyed unto her by Hiram McCullouph
by tlccu dated ON the 2:il day of August lSi2
ana recorded among the said records in Libcr
W. II. r. No. 4, ioiIo 70 Sc, rs viii appear
by BY certified COZ les thereof hpd as part of said
>. That she left surviving her. her hus-
hahi 'Iohn Briicy, whU has since departed
this HE, and the following children ana heirs
at law: Martina Brilcy, Charles Briicy, John
a. n'iii'H ihli D. brll'I, Asa Brilcy. Addic
| Ii. HhlrN ard the male plaintiff
~. lnat since the dealt, of their said mother,
the said Addic q. I!ricy has intrrmarricu
with Il certain Clarence steele, uud he said
! ElIa >; brilcN with {, certain Michael IarkinS
ard the said Martha Biicy With Il certain
"GorT% MckihS"y; who has departed this lite
4: That The said Ella j. iarkins has de-
parted this life interstate. leaving surviving her
hcr husband, the said Michael Iinrkins and
| hcr o. " child, i.Ira Iiarkns. who is an infant
! D. That ia" name of the wifi, OF I'M mail,
D. That since the death of the said George
Mgh'nsrN,the said Martha Nlcfinsoy together
! Win her four and only children Frank Me
kinN"%, George Mckinscv. Alice Nckinsry
| lille iutcstatc. '''' Wv f'"' '-'' ''''7
,., That the interest of The said MARTHA
| hrhlnscN in and 90 the real estate which said
! bIH l. INTENDED to affect. the same icing 4
4nr-s,ycnth undivided interest therein, has
| descended t. the said thurlu~ lIriir, John \
! BilltA, Adul" Il. Sircir, Asa Eril.y. EUH liur-
kinH and tile male plaintiff.
| :. Ilht on the :Ith day Of : pt,li her in
the year ls!h. by d. cd of Thai date, +. or,l, ii
! amrng the lana records aforesaid N !ibcr i
/ y. ID. No. q, folio BIZ. &c. Ia. said ,lohn A.
hInri SURVIVING h!shHnH % the said Mary
! td!Iah, III iirilrN, the said Michar! iluilinS
| ana El'" j; IiurkinS, hi, wife, john 4. BriIoy.
! Clarence steele Addic o. steele. his vito, Asa
! hiIi,H and the plaintiffs conveyed all Of thoir.
Uudt' i'i"d interest in ana lu four acres; of
me s"ia real estate unto }. Nlbcrt wood, and
! attGrw"rdS on the 1911 day of May. !EGs the
! Said 'iHrlrS Hrii'y, hy decd of that date,
j
/ \. u. No. - folio a!G conveyed al his interest
| ~ Shlu four acres OF land unto he said j. Albert
! wood ana William Wood, and tnul arirrwurd
I III" >diG j. Albert Wool and Anna t. Wood
/ his wife. aud William Wool hy decd of lutr
| tAt LIST day OF OciUbtr in the y,al l.c} and
| recorded among the land =, curds aforesaid in
! ilocr i. r. q. No. !. folio 10 &c conveyed All
| I 'hrlr lHt,r,St III saiu real estate unto the
SAID John VI. solomon; rs will appear by ref
| cr' ne" toe rtihc'l copies OF said deeds filed
rs part ui said bill.
.. That the said real estate cannot he di
Ned among the parties inter, St,d therein
without loss ana injury to the parties inter
~. rmlt the plaintiffs and the said Charlie,
lilt!cy, Addic &, steele aud Clarence Steele
IiHG IN Cccll county ninr',uid; the said .Iohr
| a. BriltN lives in the State of California or
elsewhere beyond the jurisdiction of this
Curt; the said Michael Han ins aud Ella
'rikins live IN the state OF Delaware or clsc.
where beyond the jurisdiction of this Court.
ana the said Asa iirilrI lives oursd" of the
State of Maryland and beyond the jurisdiction
u, u, ihls Court; and the said j. .Anorr Wood,
the State of Delaware or clscwhcr. beyond
| the jurisdiction of this Court.
IL. That the said land in which the said
Martha MckinScy owned the said undivided
interest is undcrlaid with very valuable cIuy
which is extensively used for pottery and
WWln n PrWrpoSWGs, ana That the said j. Albeit
ever since the said cOnvcyanccs were made f.,
them, dug. removed and sold large quantities
thereof, and have thcrrfrom realized large
ana for none Of which have they rendered
any account or made an, payment or return
10 the parties owning the said undivided
interest," and that SO far they have refused TO
render amy account therefor or To make any
return or paw mcnt on account thereof.
Il. fhat II certain Harry w. Bell, James VI.
Naudain and Charles Walton also claim to
have some lien or interest in or uron the
said undivided interest in said hand, The
nature or which is to the plaintiffs unknown.
Is. That the said Harry W Bel and James
| NJ N:iiluuln IlNr IN Cecil t'nnntI nf
and the said Charles Walton in the State OF
| Delaware
answer the matters and things set forth in the
| bill of complaint. aud that the defendants. j.
ALERT Wood, William Wood and John NJ
| solomon may discover and set forth i'm detail
| all the sums by them received from the sale
| the quantity of clay dug ana sold by them
ana nll sums 10y them received from the sale
OF the said clay since the date of said convey
nnces 70 them, and account to and with the
| male plaintiff and the other par les interest ed
therein in the said undivided interest OF the
said Martha Mckinscy and that the said j
| Albert Wood, William Wood and John NJ
| solomon may be decrccd to pay unto the male
| plaintiff and The other parties so as aforesaid
lntrreSt ST. h IN the said undivided interest all
sums ny them or any of them due to the male
| plaintiff and the other interested parties as
aforesaid from said sales of clay; also that
ane t SAG tea estate may be sold for partition
| and other relief as their ease may require.
1t is thcreupon this 9Th day of February. in
the year ISM, ordered that the plaintiffs cause
Il copy OF this order to be inserted in some
newspaper printed and published in Cecil
| county aforesaid once Il week for four sue
cessivc weeks before the 9th day of March
next, giving notice TO the said John A. Brilcy,
Michael finrkins, Ella HarkinS. Asa Brilcy
j. Albert Wood William Wood, John NJ Sol
ONION and Charles Walton of the object and
substance ni said bill and warning them to
| appear IN this Court in person ~ by solicitor
on or before the 18th day of March next. to
| answer the premises ana show cause, il any
| they have, why decree ought not to pass as
prayed.
-, JAMES r. GRAHAM.
iIRH 'opI -lcst: Clerk.