The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-08-28
GEORGE 4. BLAKE, Solicitor to, Paintjg
ORDER OF PUBLICATION.
Martha MCKinscy, Plaintiff. VS.. John NJ. Solo
mon, Defendant.
In the Circuit Court for Cecil County in equit,

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 described in
the bill and for discovery and account of
sales of clay thurcfrom and paymcnt of a nrn
portional part thereof, to the plaintiff by the
defendant. The bill states:
l. That the plaintiff is one of the heirs at
law of Mary Elizabeth Briley. deceased. and
that as such she is seized and possessed of a
one-scventh undivided interest in and TO Ger
tain real estate situated in Cecil county, in
the state of Maryland, containing about four
acres OF land, more Or less, ii being the same
land which is described in deed from j
Albert Wood and Anna l.. Wood, his wife, and
William Wood to the defendant. dated on the
2lst day of October, in the year 1893, and re-
corded among the land records of said county
in Li6er j; Il. G. No. 5. folio 1876, &c the said
John NJ. Solomon being the owner of the re-
naming undivided siX-sevenths part of said
land, the plaintiff asking leave in said bill to
set forth and prove more fully hereinafter in
said cause the nature of her title to the said
one-seventh undivided interest in and to said
real estate
2. That said land is, under the surface.
thereof, rich with deposits of clay of great
value and which is used for pottery and riHrr
purposes, and that the said real estate cannot
be divided among the parties Interested
therein without loss and injury to said parties
3 That the defendant rcsilcs in the State of
delaware or elsewhere beyond the jurisdiction
of said Court.
I. That said defendant has, ever since he
became the owner of the said interest in said
land conveyed unto him by said deed, dur
mined, removed ana sold from said property
larg" quantities of said clay from which he
has realized large sums OF money and a.rruI
profits, the whur OF which he has received
and for none Of when he has rendered any
account to the plaintiff on made her any nav
m"ht or return for her proportional mart
thereof ana so far mas refused so to do
Inc bill prdys that the defendant may dis
cover ANA make known in detail the quantity
OF sad clay dug, mined and sold from said
lanu by the defendant and all sums received
ny nm the rciOr, since tine land was conveyed
unto him as aforesaid unto this time. unto the
plalntiii. and that an account thereof may hc
had under the direction of said Court and
that he may he dccrcCd to pay over unto tie
p!nlntlh her proportion thereof: and that the
SAL real estate may he sold for the purpose
OF partition among the parties interested
therein and that II the said defendant shall
refuse to pay to the plaintif' such part of said
proceeds OF sale OF clay as he may bc dccrr,I
10 pay as prayed aforesaid the same shall bt.
drcrccd to be lien or charge upon the defend
ant share of the proceeds of the sale of the
said land and be dccrccd to he paid unto the
plaintiff out of said proceeds aud for suc,I
further and other relief us her case may re-
qlIirc.
1t is thercupon this fourth day of August.
in the year 1897, ordered that the plaintiff
chlIs" copy of this order to be inserted in
some newspaper printed and published in
Cccll county aforesaid, onc"a week for four
successive weeks before the 9TH dal of : ~
TENDER next, giving notice to the said john
VI. solomon of the object ana substance of
said bl and warning him to appear in this
Court in person or by solicitor on or before,
the I'd day Of Scptcmb' + next, To answer the
premises and show cause, ii any he has, WHY
il decree ought not to pass rs prayed
r. JOHN q. WILLIAMS.
aug7-4t JOHN G. WILLIAMS. Clerk.