The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-08-07
GEORGE A. BLAKE, Solicitor for Haintit
ORDER OF PUBLICATION.
Martha McKinsey, Plaintiff. VS.. John NJ. Solo
mon, Defendant.

mon, Defendant.
In the Circuit Court for Cecil County in equity.
The object of this suit is to procure a decree
for the sale OF certain real estate described in
the bill and for II discovery and account OF
sales OF clay thercfrom and payment OF pro-
pOrtionaI part thereof. to the plaintiff by the
defendant. The bill states:
l. That the plaintiff is one of the heirs. ut
law of Mary Elizabeth Briley, deceased and
that as such she is seized and possessed of n
one-seventh undivided interest in and to ecr-
tain real estate situated in Cecil county, in
the State of Maryland, containing about four
acres of land, more u less, it being the same
land which is described in IL deed from J.
Albert Wood and Anna /. Wood, his wife, and
William Wood IT, the defendant. dated on the
list day or October, in the year 1885, and re-
corded among the land records of sad county
in Li6er J, L. G. No. 3, folio l26, &c the said
John NJ. solomon being the owner of the re-
manning undivided siX-sevcnths part of said
land, the plaintiff asking leave in said bill to
set form ana prove more fully hereinafter in
said cause the nature of her title to the said
One-Scvcnth undivided interest in and To said
/ =, ,o,t.S
.. That said land is, under the surface,
thereof, rich with deposits OF clay of great
value ana which is used for pottery and other
purposes, and that the said real estate cannot
be divided among the parties interests
therein without loss and injury to said parties.
3, That the defendant resides in the State OF
Delaware or elsewhere beyond the jurisdiction
of said Court.
4. That said defendant has, ever since he
became the owner of the said interest in said
land conveyed unto him by said deed. dug,
mined, removed aud sold from said property
large quantities of said clay from which he
has realized large sums OF money and great
profits, the whole of which he has received
ana Tor none OF which he has rendered any
account to the plaintiff or made her any pay
ment or return for her proportional part
thereof and so far has refused SO to do.
The bill prays that the defendant may dis
cover and make known in detail the quantity
Of said clay dug, mined and sold from said
land by the defendant and all sums received
by him therefor, since the land was conveyed
unto him as nj oreSaid unto this time unto the
had under the direction of said Court and
that he may be decrccd to pay over unto the
plaintiff her proportion thereof; and that the
said real estate may be sold for the purpose
of partition among the parties interested
therein and that If the said defendant shall
refuse to pay to the plaintiff such part of said
proceeds of sale of clay as he may be dccrecd
to pay us prayed aforesaid the same shall be
decrced to be lien or charge upon the defend
ants share of the proceeds of the sale of the
said land and be decreed TO he paid unto the
plaintiff out of said proceeds and for such
further and other relief as her case may re-
quire.
1t is thereupon this fourth day of August,
in the year 1897, ordered that the plaintiff
cause a copy of this order to be inserted in
some newspaper printed and published in
Cecil county aforesaid, once week for four
successive weeks before the 9th day of Sep
temher next, giving notice to the said John
NJ. solomon of the object and substance of
said bill and warning him to appear in this
Court in person or by solicitor on or before
the 22d day of September next, to answer the
premises and show cause IL any he has why
decree ought not to pass as PRAYED.
JOHN G. WILLIAMS,
True Copy-Test: Clerk.
aug7-4t JOHN G. WILLIAMS, Clerk,