The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1901-07-06

Equity. No. 1902.
The object of this suit Is to procure de-
cree for the sale of the farm or tract of land
described in the proceedings in said cause,
situated in Cecil county. in the State of
Maryland. whereof William Forrest died
seized and possessed, clear OF the interests
of the defendants, for the purpose OF the
payment of the mortgage debt mentioned in
said proceedings as part Of the estate OF
the said Sarah Rudy.
The bill states
THAT on or about the 21st day of Janu-
ary In the year 1882, a certain Charles +.
McClary being indebted unto a certain Will
liam H. Boileau in the sum OF one thousand
dollars, did with his wife, Mary j. McClary,
by their deed of mortgage Of said date, re-
corded among the Land Records of Cecil
county aforesaid, il Liber j. A. D.. No. 3,
Folio 1923, &c, convey unto the said William
ii. Boileau certain farm or tract Of land.
situated in the Fourth Election district OF
Cecil county, in the State of Maryland. con-
tanning lis acres and Is perches of land
more or less, to secure the payment thereof,
to which said mortgage there was a condi
ton annexed that II said mortgagors, their
heirs, executors, administrators or assigns
should pay or cause to be paid unto the said
mortgage. his executors, administrators or
assigns. the said sum OF one thousand dol
of January, in the year 1882. in one year
from the date thereof. the said mortgage
should become null and void, rs appears by
Il certified copy Of said mortgage filed among
said proceedings as part OF said bill Of COM
plant.
2-That afterwards on or about the 10Th
day OF February. in the year 1882, by deed
Of assignment OF that date duly executed
and recorded among the Land Records atore
said in Liber j. A. D., No. 3. Folio 1856, Hc.,
the said William H Boleau did assign all Of
his interest in and 10 the said mortgage and
real estate unto Sarah Rudy, o! the city Of
Philadelphia. in the State Of Pennsylvania.
a. will more fully and 1T large appear by
reference to a certified copy o. said deed Of
assignment flied with said bill As part
thereof.
3-That said Charles T. McCiary and wife
Conveyed all OF their interest in and to SAID
land unto a certain WiliGn. H. NRuierheck
by deed dated January the 18th, in tho year
1882, duly executed, &c.. and recorded among
said Land Records in Libar j, \. D., No. /,
Folio sol, &c.
THAT the said William H. Yauaerh"ek
and wife by their decd dated January 27th,
1852, and recorded among said Land Records
in Liber j. A d.. No. i. Folio SO, n =, con
veyed all of their interest in and to said
land to Mary j. McClary.
5-That afterwards said Charles I. McClary
and wife by their deed dated April 1st, 1854
duly executed. ~, and recorded among the
said Land Records in Liber j. A. D., No 8.
Folio 22G, &c., conveyed al! Of their interest
in and to said land unto Il certain Charles p
Farmer.
THAT afterwards the said Charles 2.
Farmer and wife conveyed all OF their inter-
est in and to said land unto a certain H. John
Nesey by their deed dated April 10th, 1891,
and recorded among said Land Records in
Liber j. A. D., No. s, Folio COS, a..
THAT afterwards the said II. John We
sey and wife by their deed dated April the
Goth in the year 1891, duly executed a.. and
recorded among said land records in Liber
J. A. D., No. %, folio 81, &c, conveyed al
their interest in and 10 said land unto a GER
tain William Forrest, late Of Cecil county
aforesaid.
S-That said land was conveyed unto the
said Charles +. McClary by certain James
NJ. Beaston and wife by their deed dated
October Bird in the year 1851 duly executed
and recorded among said land records in
Liber j. A. D.. No. 4, folio 297 &c.
9-That the said James NJ Beaston and
wife. while owning said land, conveyed the
same unto Il certain Elizabeth B. McComb,
Of Wilmington, in the State of Delaware, by
their deed of mortgage dated March the oath
in the year 1873, and recWded among said
records in Liber A. W. NJ, No. IL. folio POI,
&c, 10 secure the payment Of the sum OF
three thousand dollars, with the interest from
the date thereof, with condition annexed
/ to said deed Of mortgage that the same
should be void 10y the payment OF the sum OF
three thousand dollars with interest thereon
from the date thereof on or before the 9th
day OF March in the year 1880
1O-That the said William Forrest departed
this life intestate some time in the year 1896
or the year 1897, seized and possessed OF the
equity OF redemption in the said land, the
same being sill subject 70 the liens OF the
aforesaid mortgages and leaving surviving
him as his widow the said Annie VI. Forrest
but it is unknown whether the said William
Forrest left any heirs or ii he did leave heirs
it is unknown who they are or where they
reside, If any.
11-That the said Sarah Rudy departed this
life intestate In the city Of Philadelphia, in
the State of Pennsylvania, some time during
the year 1900 and that letters vi adninistra-
tion upon her personal estate have been
granted in Cecil county, il the State OF
Maryland, unto George A. Blake, n Cecil
county aforesaid the plaintiff.
10 THAT the said Elizabeth B. McComb,
departed this HE testate some time iur.
ing the year 1900 Or 1901, in the State u
Delaware and tina. letters documentary upon
her estate have been granted unto James {.
McComb, Elizabeth b. McComb Winchester
and Martha McComb Bush. who now reside
In New Castle county, in tho State OF Della
ware. or elsewhere. beyond the Jurisdiction
OF said Court, by court Of probate or other
authority in said State Of Delaware or else-
where beyond tie State 0f Maryland but tn at
no letters Of administration or tostamentary
have been issued to them by any Orphans
Court or Register Of Wills If the State Of
Maryland
l3-Tha, although the time limited for the
payment Of tbc said mortgage debt Of one
thousand dollars, as aforesaid assigned 70
the said Sarah Rudy, has long since passed,
yet no part thereof OF Of the interest thereon
has been paid either to the said MORTGAGE
William Fl, Boileau or to tho said Sarah
Budy or TO her said administrator, George
A. Blake, the plaintiff, and the same priv
cipal and interest are due and owiag.
li-Thst the plaintiff IS not informed
whether any part If the said mortgage debt
of three thousand dollars has been paid t.
the said Elizabeth b. McComD or her said
executors but your orator is advised that if
the said sum OF three thousand dollars with
any interest thereon is still owing to til"
estate of the said Elizabeth b. McComb, the
same under the terms Of the said mortgage
81 three thousand dollars. is overdue and In