The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-02-29

Eiia Harklns, John Nj. Solomon, j. Albert
Walton and james NJ Naudain, defendants
In the Circuit Court for Cecil county, in
equity.
The object of this suit is to procure decree
Tor the sale of certain real estate, in the bill
OF complaint described, for division of the
proceeds or sale among the parties interested
therein and for Il discovery and account of
sales of clay from said real estate from and
ny ihrce OF salu defendants us set forth herein.
The bill states:
l. That 4 certain Mary Elizabeth Rriley,
HE sometime during the year Isl. int, tate
and seized and possessed OF certain real ard
situated in the Third Election District said
unto her by Hiram McC "ln ~H G by Led Led
dated on t he 18th day of May in ihG year tsd4.
ana recorded among the land records e. said
county IN LibCr w. H. X. No. {, folio 4 . Sc:
ana another portion of which was conveyed
unto her by Hiram Mccullough, trustee. hy
aeeu dated August the I'D, lSti2 ana recorded
4, folio 40. &c: and another orr on of which
was conveyed unto her by Hiram Mccullough
ny deed dated on the y! d.y o! a, st. isti2,
ana recorded an ong said +, CO, DIS in Iibcr
w. ii. X. No. I. tOlIO 40. &C.. Us Will uppcar
, ny certified COZ les thereof filed part of said
2. That she left surviving her. her hus
bahd John Briley, W no has since departed
tn IN iiie' ana the following children and heirs
At Byc M" E frhIsy Charles brey John
Il: briicy ana the mn IL plaintiff.
%. Ihat since the death of The ir said mother,
inc said Addie G. BriIey has ntcrmarried
With Wit, certain Clarence Steele, and the said
Ella >; Briley with a certain Miclarl Harkins,
aud the said Martha Briley 18th IL certain
GeorE To Mckhinsey; who has departed this life.
parted ms M inicstate, leaving Surviving her
her husband, the said Michael iturkins and
her only child, Ella Harkins, who is an infant
.. That the name of the wife OF the male
paint is Clara NJ. BriIcy
o., That since the death of the said George
Mckinsey the said Martha Mckinscy together
with her four ana only cutler, n. Frank Me
hinsCy, George MckinSCy, Alice Mckinsey
ana ana Mckinscy, have all departed this
-. That the interest of the said Martha
Mck inseS in and to the real estate which said
pili is intended 10 aituct, the same being IL
onc-scvcnth undivided interest," therein las
descended TO the said CharIr- Biuy, John A.
i'rilcy, Addic G. Steele. A,u Bril,y, Ella Iiar-
kins aud The male plaintiff
3. That on the :Wth day ui : pfCmhrr in
the year 1850, by deed OF that date, recorded
among the land ccords aiur, SAM m Iibcr j.
A. A.: d, No. =; folio 81, Nc.; the said John a.
Brilcy, Surviving husband of the said Mary
Elizabeth Brilcy, the said Mic,N.G iiarkins
and Ella j. iiurkins his wife .Iuui A. Brilry.
Clarence steele, Addie q. Stec. , ais wife, Asa
Briicy and the plaintiffs conveyed all OF their
un"i' idcd interest in and to luur acres of
the said real estate unto j. Albt. Wood and
aiterwarlS on me 18th day OF May, 1892. the
said Charles Brliy, by decd Of thar date
recorded among the said T. cords in Librr j.
A. ID. No. -, foho 500, convey Cd II his Interest
IN said fourneres of land unto til, said }. Albert
wood ana william Wood, and tH,,l aftcrw,rrd
the said j. Albert Wood and Anna t. Wood
his wife, and William Wood, by deed of date
the list dnv of October in the year 1899, and
recorded among the land records aforesaid i'm
Llbcr j. T. &. No. >. folio 126, &C.. convc,rd ali
of their interest IN sau reaI estate unto the
said John NJ. Solomon: as will appear by ref
part OF said bill
3, That the snid real estate cannot be d.
'idcd among the parties inter. st,d therein
cstcd therein.
10. That the plaintiffs and the said Charles
i'rilcy, Addie 6, Steele and Clarence Steele
\. Briey lives in the State OF California or
elsewhere beyond the jurisdictions of this
Court; the said Michael Harkns and Ella
harkins live in the State of Dcla are or clse-
where beyond the jurisdiction Of this Court.
and the said Asa Briley lives outside of the
state of Maryland and beyond the Jurisdiction
William Wood and John NJ Solomon live in
the State OF Delaware or elsewhere beyond
the jurisdiction of this Court.
ii. That the said land in which the said
Martha Mckinscy owned the said undivi, ed
interest is undcriaid with very valuable clay
which Is extensively used Tor pottery and
wood, VIM. Wood and John NJ. Solomon have
ever since the said cOnvcyuDC,s were made to
them, dug, removed and SOLE large quantities
thereof, and have therctrom i,i lied large
profits, the whole of which thcy have received
ana for none Ct which have they rendered
any account or maze any payment CT return
interest, and That 50 far they have refused to
render any account therefor or to make any
return or payment on account thereof.
II. That II certain Harry w Bell James Nj
Naudan and Charles Walton also claim to
nave some lien or interest in or upon the
SAID undivided interest in said land, the
nature or which is to the plaintiffs unknown
b. That the said Harry w. Bel and james
NJ. Naudain I'VE in Cecil County aforesaid,
and the said Charles Walton III the State of
Delaware.
The bill prays that the defendants rtay
answer the matters and things Sci forth in the
III of complaint, and that the defendants, j.
Albert Wood William Wood and John M
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 said clay since the date of said convey
anccs to them, and account to and with la,
male plaintiff and the other par les interested
therein in the said undivided interest OF thu,
said Martha Mckinscy and that the said j
Albert Wood, William Wood and John Nj.
solomon n may be deereed to pay unto the male
Interested in the said undivided interest, MI
sums by them or any of them due to the male
plaintiff and the other interested parties AZ
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.
Ii is thercupon this 9th day OF FL bruary in
the year 1896, ordered that the plaintiffs cause
copy of this order to be inserted i'm some
newspaper printed and published in Cecil
County aforesaid once week for four sue
eessive weeks before the 9th day OF March
next, giving notice 70 the said John A. Briley,
Michael Harkins, Ella Harkins, Asa Brilcy
J. Albert Wood, William Wood John NJ. Sol
ONION and Charles Walton OF the object and
su distance 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, if any
they have, why decree oug hit not to pass MS
prayed.
JAMES ~ GRAHAM