The Republican. [volume] (Oakland, Md.) 1877-current, 1902-07-10

Alexander Kitzmiller, Emanuel Kitzmiller,
John Kitzmiller, George Kitzmiller, We'll
ton Kitzmiller, Harriet N. Baker and
William Baker, her husband, Elizabeth
Clark and Solomon Clark, her husband,
Newton G. Bosely, Mary NJ. Lyons and
Emanuel Lyons, her husband, Emily C.
Aronhalt and Mac. Aronhalt, her hus-
band, and Alkire f. Bosely, Defendants
No. HI Equity. In the Circuit Court 70
Garrett County, Maryland.
The object of this suit is to procure de-
cree to rectify an error and mistake in the
description of a tract of land lying in Gar
rett county conveyed to George W. Wilson
by Lewis Kitzmiller, by deed dated the 5th
day Of June, 1877.
The bill states that on the 9Th day of June.
1877, the said Lewis KitZmiller was seized
and possessed of part of the tract of land
called Elk Garden lying in Garrett coun-
ty, Maryland, and on said day contracted to
and did sell to George w. Wilson SIX acres
of said land, and placed grantee in posses
sion of the same; but that through mistake
and error in said deed the description of the
land thereby conveyed is defective, and in
stead of calling to begin at the end of the
third line of Military Lot No 1894, said deed
calls to begin at the eud of the third line of
Military Lot No. 1890.
The bill further states that the said Lewis
Kitzmiller departed this life about ten years
ago, intestate, and that the said George W.
Wilson departed this life on or about the Sth
day of December, 1894, leaving surviving
him the said Eliza Wilson, his widow, Daniel
W. Wilson, Merritt Wilson, Marshal N. Will
son, Burt Wilson, Mark S. Wilson, Sicela NJ.
Wilson and George w Wilson, and also an
other son, Scion t. Wilson, whose interest
in the estate of his deceased father has pass
ed by proper conveyance to the plaintiffs
in this cause.
The bill further states that since the death
of the pfantOr and grantee To said dead ha
plaintiffs have discovered the mistake in the
description contained therein. and are adj
vised that they are entitled to have the same
corrected and rectified by decree of Court
of Equity.
The bill further states that the said Lewis
kitZmiller left surviving him as his only
heirs at law the said Alexander Kitzmiller,
Emanuel KitZmiller, John Kitzmiller George
Kitzmiller, Welton Kitzmiller, Harriet NJ
intermarried with William Baker; Elizabeth
intermarried with Solomon Clark; Jennie,
intermarried with David j. Bosely, both of
whom have departed this life since the death
of the said Lewis KitZmiller and left surviv-
ing as their only heirs at law the said New
ton 6. Bosely, Mary NJ, intermarried with
Emanuel Lyons; Emily c., intermarried with
Mac. Aronhalt, and Alkire E. Bosely, all of
whom are of full age and all of whom, except
the said Alexander kitzmiller and Alkire E.
Bosely, are non-reSidents of the State OF
Maryland, and reside in the State of West
Virginia.
The bill than prayS that a decree NAV be
pdoSeu IequIll anu ulTecUl18 the SAID de
PENDANTS to execute and deliver to the said
plaintiffs good and sufficient deed for the
property intended to be conveyed by the
said Lewis kitzmiller; also in said deed cor
recting and rectifying the error contained
in the original deed executed and delivered
by the said Lewis Kitznfiller to the said
George w. Wilson.
The bill also prays for general relief, for
process against the resident defendants and
an order of publication against the non
resident defendants.
1t is thereupon this LIST day of July, in the
year 1862, by the Circuit Court for Garrett
county, sitting in equity, ordered that the
plalntltts, by causing a copy of this order to
be inserted in some newspaper published in
sad Garrett county, once a week in each OF
four successive weeks, before the LIST dav OF
August, in the year 1902, give notice to the
said nonresident defendants namely Eman-
uel kitZmiller John Kitzmiller, George Kitz-
miller, Welton Kitzmiller, Harriet n. Baker
ana William Baker, her husband, Elizabeth
clark and solomon Clark, her husband, New
ton q. Bosely, Mary NJ. Lyons and Emanuel
Lyons, her husband, and Emily c.. Aronhalt
and Mac. Aronhalt, her husband, of the OBJ
1ect and substance of this bill, warming them
70 appear in this Court, in person or by solic-
ltor, on or before the 18th day of August
next, to show cause, if any they have, why
decree ought not to be passed as prayed.
f. z. TOWER, Clerk.
True copy-test:
E. Z. TOWER, Clerk. Il