The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-08-21

lnthe Circuit Court for Cecil County in equity
The object of this suit is to procure decree
Tor the sale OF certai n real estate described in
the Dill ana Tor II discovery and account OF
sales of clay therefrom and payment OF Il pro-
portionai part thereof, to the plaintiff by the
defendant. The bill states:
L. That the plaintiff is one of the heirs al
law of Mary Elizabeth Briley, deceased and
that as such she is seized and possessed of a
one-seventh undivided interestin and to GER
the State of Maryland, containing about four
acres OF land, more Or less, it 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 Li6Gr J I. G. No. 3. folio 126, &c , the said
naming undivided siX-sevcnths part OF said
land, the plaintiff asking leave in said bill 10
set forth and prove more fully hereinafter in
SAID cause the nature of her title to the said
ohe-scVcnth undivided interest in ana 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 uthu!.
purposes, and that the said real estate cannot
be divided among the parties interest ed
therein without loss and injury to said part ins
That the defendant rcsiucS in the State, of
Delaware or elsewhere beyond the jurisdiction
of said Court.
1. That said defendant mas, ever since he
became the owner of the said interest in said
and conveyed unto him hy said decd. dug
mined. removed and sold from said prourrty
large quantities of said clay from which he
mas realized large sums of money and great
profits, the whole OF which he has received
ana for none of which he has rendered any
account to the plaintiff or made her any nav
nrnt or return 70" hur proportional part
thereof and so far has refused So to do
The bill praNs that the defendant may dis
cover and make known III detail the quantity
OF SAID clay dug, mined and sold from said
ANA ny the defendant and all sums rpcDiN ed
by him therefor, since the land was conveyed
unto nm as aforesaid unto this time, unto the
pllntlll. ana that an account thereof may he.
had under the direction of said Court and
that he may be dcCrccd to paw over unto the
pkintih her proportion thereof: and that the
said real estate may be sold for the purpose
of partition among the parties interested
therein and that II the said defendant shall
refuse to pay to the plaintiff such part of said
proceeds OF sale of clay as he may be dccrccd
to pay as prayed aforesaid the same shall be
dccrccd to be lien or charge upon the defend
ants share of the proceeds of the sale of the
said land and b" dCCrcId to he paid unto the
plainiIH out of said proceeds and for such
further and other rclcr as her ease may re
Quirc.
1t is thcrcupon this fourth day of August
in the year 1897, ordered that the pluintin
cause IL copy of this order TO be inserted in
some newspaper printed ana published in
Cecil county aforesaid, once Il week for four
successive weeks before the 9Th day of Sep
trmbcr next, giving notice 10 the said John
VI. solomon of ih'. object and substance of
said bill and w' ing him Ia appear i'm this
Court in person ur DN solicitor on or before
the 2@d day of Suuirmb. T. next to answer thu,
premises and show CirIsc. If any he has. why
II decree ought not 10 pass ~ PRAYED
r,-,,..... JOHN G. WILLIAMS.
mg1-4t JOHN G. WILLIAMS. Clerk.