The Republican. [volume] (Oakland, Md.) 1877-current, 1902-07-17

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 E. Bosely, Defendants
No. HI Equity. In the Circuit Court TO
Garrett County, Maryland.
The object Of this suit is to procure a de-
cree to rectify an error and mistake in the
description Of 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 5th day of June,
1871 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 a 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 NJ VIII
son, Burt Wilson, Mark 5. 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 bin 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-
vised that they are entitled to have the same
corrected and rpptifipd Inv a ofo
| of Equity.
! The bill further states that the said Lewis
| h1tZm1ller left surviving him as his only
| heirs at law the said Alexander Kitzmiller,
Emanuel Kitzmiller, John Kitzmiller, G Gorge
k1tzmiller, Welton kitzmiller, Harriet N.
| 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 suryiv-
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.
! Bosely, are nOn-residentS of the State of
Maryland, and reside in the State of West
| Virginia.
| The bill than prays that a decree may 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
sad Lewis kitzmiller; also in said deed cor
! fectlng ana rect1tying the error contained
| in the original deed executed and delivered
| by the said Lewis kitzmiler 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
| plaintiffs, by causing a COPY of this order To