The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1901-11-23

This suit is brought to procure decree for
the sale of two farms or tracts of land de-
scribcd in the bill OF complaint, for the pay
ment of two bonds mentioned in said bin and
for other relief.
The bill states:
THAT under proceedings in the Circuit
Court tor Cecil County instituted therein
upon the petition OF certain william L.
Biles on the ith day OF April, in the year
1864, praying for II division of the real estate
whereof his father, William b Bilcs de-
ceased, had died seized and possessed, com
mfssioners were duly appointed by said Court
to divide said real estat" among the heirs nt-
law Of the said William L. Eics, deceased.
2-That said commissioners decided that
said real estate could not be divided and
thercupon fixed valuation upon the same
according to its several parts, among which
Were two tracts OF land or farms, with the
improvements thereon, both situated in Cecil
county, in the State of Maryland. one con-
tanning IL. acres. more or less, known as the
Blue Ball" farm, and the other containing
| 1927 acres more or less, known rs the ''Gile-
| land" farm, The former of which they valued
at the sum of $3.50 and the latter at 81 $50.
| 3-That the petitioner. William b. Riles,
| elected to take the said Blue Ball and Gie-
| land farms at the valuation aforesaid, where
| upon the said Court, by its order passed on
| the 25th day of October in the year 1861 di-
| rccted the said william y Bilcs, so elccting,
| to execute bonds with two sureties, to he APP
| proved by said Court to each Of the persons
having an interest in said real estate, condi-
TONED, as therein set forth. for the paym
| of the sums OF money therein mentioned for
| oweity OF partition, az asccrtHinCd under said
| PROCEEDINGS.
THAT awong the persons to whom the
| said William b. Bilos executed bonds, in rur-
| Sua0cc OF sAid order, for said purpose, were
| Charles K. BiCs and George W. Bilrs each,
| two Of the heirs Nt-law Of the said William b.
| Bics, deceased, the bonds so executed to
| them being conditioned for the payment to
| each of them of the sum OF S6il SIS, the same
| being payable to the said last named obligees,
| their respective executors, administrators or
assigns, the bond to said Charles L. Biles pay
able March ~. 1870, and that to said George
W. Bilcs on january Il, 1873, both with inter-
est from October %, 1864. payable annually,
| the said Ohligccs being minors at the time of
| the execution of the said bonds and the same
| being payable nj the times aforesaid, when
| they respectively became tweniy-onc years
| of age, both of which said bonds were duly
| approved by said Court.
5-That your orator is advised that under
the provisions Of the Code of Public Laws Of
| the State OF Maryland, title, "InhsritanCc."
| said bonds so executed to the said Charles r.
| Biles and George w. Blcs became liens upon
| the said tracts of land, Blue Ball and GiIle-
| land.
6-That on the 18th day of April in the year
| ls65. by his deed of that date. recorded among
the land record books of said county in Liber
W r. No 7, Folio 53l, etc, the said Will
| liam B. Bics, the petitioner atOrs said, con-
veyed the said Gileand farm to his sister,
| Sarah A. Kirk, subject to The lien of the said
bonds of the said Charles X. Bles and George
w. Bics. as viii more fully and at larg appear
| by reference to a certified copy of said decd
| filed as part of said bill.of complaint. Marked
| EXhib w. Is Mo-.
7-rhat on the 9th day of April. in the year
| 1876 the said Charles Il Biles and George ".
| Biles who had become OF age assigned all of
their right and title in and TO their respective
bonds aforesaid to Victoria =. Kirk wife OF
| Samuel Kirk, and that on the 4,h day of
| March, in the year 1896 the said Victoria P
| Kirk and Samuel Kirk her husband, assigned
| al of their right and title in and u said bonds
| to your orator, which said assignments were
| in writing and, as well as all of the proceed
| ings in and about the division of said land,
| including said bones, are of record among
| the and division records OF said county in
Liber X. C. H., No. l, Folio l46. etc, as will
more fully and at large appear By reference
to certified copy OF said record hlCd as part
| of said bill.
SHAT the said Sarah Kirk, some time
month of August thereof, departed this life
| testatc and in and by her last will and tesla
| ment (Which was duly admitted to probate by
| he Orphans Court of said county and is now
| of record among the will record books thereof
| in Liber H., Volume ID, Folio 49G etc devised
the said farm. GilleIand, to the said william
| b. XIX, her son, subject to the lien OF The
said bonds, then belonging to the said Victoria
| p Kirk, as will more fully appear by refer
| cnce to Il certified copy of said will flied as
| part of said bill
9-Thut the said William b Kirk is married
and the name of his wife is Liis Kirk.
! lC-TGat the said william u. Bilos. the petit
toner aforesaid departed this lite some time
IN the month of April, in the year 1901 intes-
tate, seized and possessed Of the said Blue
Ball farm aud leaving surviving him his
| widow Ann f. Biles aud his only children
and heirs at.law, NJ CorinnC Anderson tnee
| Ri esq, II daughter, who is intcrmarricd with
certain Walter I Anderson, and sou, John
| Cecil Blcs, to whom the said Blue Ball farm
' descended. subject to the lien OF said bonds SO
| as aforesaid nsSstgncd TO your orator.
1l-That certain John c. Ycorman claims
| to have some lien upon the aforesaid Gillc-
| land farm, the nature of which is to your
| orator unknown hui Your orator charges thar
| if the said John Yeatman has any lien as
| Caid. a, the same is subsequent to the afCrC-
said liens of your orator upon said Gilleland
| farm.
l2-That no part of the principal sums OF
said bonds. so as aforesaid assigned to yonr
| orator has been paid by the said william b.
| BleS (thc petitioner aiOrCsaidl Ills widow or
| heirs at law aforesaid or by the said Sarah A.
Kirk or william b Kirk or any person for
| them, but thar the whol" OF 'hC said principal
| sums IL now in default, ana owing and I'M
| paid to your orator.
! l3-Your orator admits and AYERS that the
| interest on said bonds has been paid from the
a6th day of October, in the year 1854. to the
goth day OF October, in the ear 1900 by the
| said Sarah A. Kirk, "illiam b. Kirk and il
| liam Is. Bics, but AYERS and charges thar the
| interest thereon is due, owing and unpaid
! f,... RI ] la. r0.i-' cate.
| 4-That the said william II. Kirk Lillis
| Kirk, his wife; NJ Cornne Anderson, Walter
| r. Anderson. her husband: John Cecil Biles,
ana Ann e. Bics live in Cecil county ai0rc-
|
! r0unty in the state OF pCnusyIvanio. and
/ mat tnt said john Ioatman liN { in Curst,r
| county aforesaid. elsewhere beyond the
| jurisdiction of said Court.
l5-That the plainlin is advised thai as the
| principal sums of said bonds. SO assigned to
! him, as well as the interest thereon from 0c-
| tober 2ht h, 1850 are overdue and unpaid us
| aforesaid and the said bonds are liens UPON
said tracts of land. Blue Ball and Gilleland
| he is entitled to IL decree of said Court for a
sale of said tracts of land for the payment
| and satisfaction thereof.
| To the end that the said parties defendants
| may answer the matters and things aforesaid
and that decree may be passed for the sale
| of the said real estate. Blue Ball and Gi!lcland
| farms, for the purpose aforesaid and that the
| plaintiii may have such further or other re-
| lief us his case may require the prayer of the
| bill Is for ~ writ OF subpoena OF the State of
| Maryland directed to the said William B.
| Kirk, Lills Kirk. NJ. Corinne Anderson.
| waiter T Anderson, John Cecil Bcs ard
| Ann f. Biles and an order OF publication
| against the said John c. Teatman.
1t is thereupon this twenty-second day CT
| November, in the year nineteen hundred and
| one, ordered that the plainlin cause Il copy
| of this order, together with the substance
| and object of said bill of complaint, 10 be in
sert "d in some newspaper published in Cecil
county once week for four uucessivc weeks
| IL, l,,,r ntn