The Republican. [volume] (Oakland, Md.) 1877-current, 1902-07-24
No. Ill Equity. In the Circuit Court fo
Garrett County, Maryland.

The object of this suit is to procure a de
| cree to rectlfy 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 9Th
day of June, 1871
| The bill states that on the 5th 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 SIN 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 Gaining TO begin at the end of the
| third line of Military Lot No. 1884, 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, interstate, and that the said George w.
| Wilson departed this life on or about the Sth
! day OF December, 1894 leaving surviving
| 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 Il. Wilson, whose interest
| i'll the estate of his deceased father has pass
ed by proper conveyance to the plaintiffs
| i'll this cause.
{ The bill further states that since the death
| OF the grantor and grantee to said deed the
| plaintiffs have discovered the mistake in the
! description contained therein, and are ad-
| V1sed that they are entitled to have the same
| NpiIcC anu ItCOllltl ny a ueCIee OF a 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 G eorge
! kltZmiller, Welton KitZmiller, Harriet N,
! intermarried with William Baker; Elizabeth
| intermarried with Solomon Clark; Jennie
| 1ntermarried 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 q: 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.
| loosely, are non-residents of the State of
Maryland, and reside in the State of West
| Virginia.
The bill than prays that decree NAV be
passed requiring and directing 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
| iIectilg anu rectltylng the error contained
| IN the original deed executed and delivered
| by the said Lewis KitZmiller 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
plaintlHS, by causing copy of this order to
| De inserted in some newspaper published in
| SAID Garrett county, once week in each of
-FOUR successive weeks, before the LIST day OF
| August, in the year 1902, give notice to the
| SAID nonresident defendants, namely, Eman-
| uel kitzmiller, John KitZmiller, George KitZ-
miller, w elton k1tzmiller, Harriet N Baker
| and William Baker, her husband, Elizabeth
| clark and solomon Clark, her husband. New
| ton &. Bosely, Mary NJ. Lyons and Emanuel
Lyons, her husband, and Emily c. Aronhalt
and Mac. Aronhalt, her husband, of the OBJ
| lect and substance of this bill, warming them
70 appear in this Court, in person or by solic-
| next, to show cause, if any they have, why a
decree ought not to be passed as prayed.
E. z. TOWER, Clerk
| True copy-test:
E. z. TOWER, Clerk II