The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-03-07

81 n
Wood William Wood Harry W. Bell, Charles
Walton and James III. Naudain. defendants.
In the Circuit Court for Cecil county, in
equity.
The object of this suit is to procure a 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 u discovery and account of
sales OF clay from said real estate, from and
by three of said defendants as set forth herein.
The bin states:
/. That II certain Mary Elizabeth Briley,
late of Cecil county, deceased departed this
HE sometime during the year 1871, intestate
ana seized and p3ssessed OF certain real estate,
situated in the Third Election District of sad
county, portion of which was conveyed
unto her by Hiram Mccullough, by d,
dated dat, on the 18th day of May in the year lsc.;
county in Liber w. Fl. II. No Z, folio 40 {, g.;
ana another portion of which was conv,l Ell
unto her by Hiram Mccullough trustee. by
deed dated August the I'D, 1862 and recorded
among the said records in Liner W. ii. II. No.
\, folio 4l9. &c.: and another portion of which
was conveyed unto her by Hiram Mccullough
| by deed dated on the 2,id day of August 1852
and recorded among tn ~aia + Goes in hiber
w. h. X, No. !, folio ~. ic., rs VIII app, ar
bin. '''' WI ''7 '''' 'o' NV" 10 r"' Vi S"''
2. That she left surviving her, her hus-
, band John briley,, who has since departed
at law, Martha Isriley, Charles Brilcy, John
a. Briley, Ella j. Briley, Asa Briley, Addie
| 3. That since the deuil GA t.cir said mother,
| the said Addie G. Hriey has intcrmarriea
With MI n certain Clarence Steele, and the said
and the said Martha Briley it'll II certain
George Mcknsey; who has departed this lite.
4. That the said Ella J. falkins has de-
parted this life interstate, leaving surviving her
| her husband, the said Michael Harkins ana
her only child, Ella Harkins, who is an infant.
plaintifl is Clara VI. l5riley.
q. That since the death of the said George
Mckinscy.the said Martha McKinscy together
with her four and only children, Frank Me
kinsey, George Mcklnscy, Nice McKinscy
lie ntestatc. ''''' '''' WIS
!. That the interest of the said Martini
! Mckinsey in and to the real estate which said
| bin is INTENDED to AFFECT, the same being Il
9ne-seycnth undivided interest therein, has
descended to the said Charles BriIcy, John A.
l1riicy, Addic G. steele, Asa Brilcy, Ella HAIR
kins ; and the male pdIainiih.
$. That on the 3oth day of s. ptembcr. in
! the year 1889, by deed OF that date, recorded
among the land records aforesaid IN Libcr j.
| \. ID. No. u, tolio BIZ, &C.. the said John A
Elizabeth Brilcy, the said Michael Han kins
and Ella }. iiarkins, his wife, John a. Briey
Clarence steele, Addic g. steele, his wife. Asa
| Brilcy and the plaintiffs conveyed all of their
| undiN ided interest in and To four acres OF
| the said real estate unto j. Ahclt Wood. and
afterwards on The 18th day Of May, 1892. the
! recorded among he said cords in Libcr J
A. ID: No. %, folio $40 conveyed all his intcresr
IN said fourncrcs of land untnthc said }. Albert
! Wood and william Wood. and that aftcrwurd
| the said j. Albert Wood and Anna L.. Wood
| his wife, and William Wood, by deed of date
! the 2lst day of October in the year 1893 and
| recorded among the land records aforesaid in
Liber j. T. &. No. .. folio 12G, &C.. conveyed all
of their Interest in sain real estate unto the
| said John NJ solomon; as will appear by ref
| crcncc to certified copies of said deeds, filed
aS part OF said bill.
.. That the said real estate cannot be di-
| 'idcd among the parties intcrt st,d therein
a.
eSted therein.
10. That the plaintiffs and the said Charles
| lirlicy, Addie G, steele and Clarence Steele
! live in Cecil county aforesaid; the said Johr
| =. Bri'ey lives in the State OF California or
sscwhcre beyond the jurisdiction Of this
| hlarkins live in the State of Delaware or cisc-
whers beyond the jurisdiction of this Court;
State of Maryland and beyond the jurisdiction
q this Court; and the said j. Albert Wood
WI lam Wool oS and John solomon live in
the jurisdiction of this Court.
IL. That the said land in which the said
Martha Mckinscy owned the said uudivir ed
/ interest is undcrad 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 convcyanc,s were made to
| them, dug. removed aud sol, large quantities
| thereof, and have thercfrom realized large
profits, the whole OF which they have received
and for none Of which have they rendered
any account or mace an. payment return
to the parties owning the said undivided
| interest and that so far they have refused TO
render any account therefor or to make uny
return or payment on account thereof.
Il. That 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.
IL. 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 may
| answer the matters and things set forth in the
biz of complaint. and that the defendants, j.
Alert 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 received from the sale
OF the snid clay since the date of said convry-
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
said Martha Mckinscy and that the said j
| 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 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 as their case may require.
1t is thcreupon this 9th day OF FL bruary in
the year 1886, ordered that the plaintiffs cause
a copy of this order to be inserted in some
newspaper printed and published in Cecil
| County aforesaid once II week for four sue
ccssivc weeks before the 9th day OF March
| next, giving notice to the said John A. Brilcy
! Michael Harkins. Ella HIarkns. Asa Brilcy
j. 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 18th day of March next to
answer the premises and show cause, il any
they have, why decree on. 1T not to pass as
prayed
JAMES r. GRAHAM.
| True Copy-Test: Clerk.
febs JAMES 4. GRAHAM, Clerk.