Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-09-18

the sAlo DANIEL W. BROW with their Joint
funds, as aforesaid, for the purpose of said
partnership, and the legal title thereto was
to the said Daniel W. Brown for
the benefit Of said partnership, and was de-
signed and intended by said Daniel W. Brown
and your orator as partnership assets for the
use and benefit Of said partnership, in accord
ance with their asid agreement, and the mon
ey devoted to the said tract of land conveyed
TO the said Daniel W. Brown, as aforesaid,
was partnership funds derived as aforesaid
from the sale of said tract of one hundred
and two (l02) acres of land and the profits
accruing to the said partnership prior to the
sale thereof to the said Kenneth S. Merche-
son that Immediately after the purchase of
the said tract Of land conveyed by the said
Trux, az aforesaid the the said Daniel w.
Brown, your orator aud the said Daniel took
possession thereof as partners, as aforesaid,
and continued 10 hold and cultivate the same
under the terms Of their said agreement, to
the death of the said Daniel W. Brown, and
from that time to the present your orator,
Michael J Brown, has been in possession
thereof holding and claiming the same as
surviving partner under the terms of said
agreement, and under his legal right as sur
yiving partner TO adjust and wind up the af-
fairs Of the said partnership.
Eleventh. That at the time Of the dissolu-
ton Of the said partnership by the death Of
the said Daniel W. Brown, it was indebted to
sundry persons in large sums Of money, and
was wholly without means to satisfy the same
without sale and conversion Of the real estate
held by said firm and particularly mentioned
in paragraph hereof.
Twelfth. That the mortgage debt mentioned
in paragraph 4 hereof was joint debt in.
Cured by said Daniel W. Brown and your
orator, as partners, and used for the benefit
of said partnership in the prosecution of their
said enterprise, and is still q subsisting lien
on the assets Of the partnership. and your or
ator, as surviving partner, is individually liza
BILE for the payment of the same.
Thirteenth. Tina: at the death of the said
Daniel W. Brown and the dissolution OF said
partnership, the assets thereof consisted of
real estate mentioned in paragraph Q hereof,
and personal property consisting of farm
ing utensils, approximated TO be worth about
three hundred dollars, aud the debts of the
said firm at that time included the said mort
gage debt OF two thousand dollars, and
amounted TO the sum of twenty-five hundred
dollars.
Fourteenth. That the defendants, as heirs.
at-law Of the SAID Daniel W. Brown, are
claiming said real estate, and have filed theil
bill OF complaint In your honorable court,
asking that the same be sold for the purposes
Of partition and the proceeds arising from said
sale divided among them according to their re
spective interests therein as said Daniels mex
reference to said suit, being No. 20l2 Equity,
now pending in your Honorable Court.
Fifteenth. That by reason Of the premises
the said partnership effects will be so far di
minisbed and diverted as to become made
quate to the payment of the said debts ant
liabilities of the said partnership, TO tn
manifest injury Of the creditors thereof, a
well as your orator.
Sixteenth. That all of said parties defend
ant are Of the full age of twenty-one year
except Mary Wallace Anderson, who is a
infant under said age.
Seventeenth. That VIM. G. Brown, Edga
] Brown and Mary Brown, his wife; Mau
rice NJ. Brown, Nora Brown, Mary A. Jont
Louis o. Jones, her husband Ava Mari
Orndorff, Caroline O'Loughlin and John c
O'Loughlin, her husband, reside in the Dis
trict OF Columbia; and Josephine g. Davi
and George S. Davis, her husband, reside i
Westmoreland county, State Of Virginia
and the other defendants mentioned herei
are residents of said Montgomery county, i
the State Of Maryland.
The bill prays:
First. That receiver may be appointe
to take charge of all the said partnershi
books, accounts, goods and effects, and {
; collect the debts due thereto and preserV
the benefit of the same under the direction
this Court.
; Second. That the tract of land mentione
and described in paragraph 2, hereof col
: yeyed to Daniel W. Brown by VIM r. Tru,
, Executor, as aforesaid, may be declared to b
: partnership assets and decreed to be sold fo
the payment Of said debt of two thousan
dollars mentioned in No. 4 hereof, and otht
Indebtedness of said partnership.
Third. That the said partnership may b
,, declared to be dissolved, and that an accom-
of its business may be taken under the DIRE,
ton of this court, aud that its assets an
, effects may be applied ia the payment Of i,
debts and liabilities, and the residue there,
, distributed to your orator as personally III
der the terms Of said agreement Of partne
ship, as Aforesaid.
Fourth That your orator may have sue
other or further relief as bis case may requir,
1t is thereupon this 9Th day of September
} 1908, ordered by the Circuit Court for Mon
gomery county, sitting as Court of Equity
that the plaintiff, by causing copy OF tn
! order to be inserted in some newspaper pull
llshed in said Montgomery county, once
each OF four successive weeks before the Ia
uay oi Octooeri lSO5, give notlce 10 the sal
aosent defendants Of the object and substant
OF this bill, warning them to appear in th
Court, in person or BY solicitor, on or befor
the 4th day OF November, 1903, to show caus
II any they have, why decree ought not I
pass as prayed.
THOMAS DAWSON, CPk
Circuit Court for Montgomery county.
True cOpy-Test
THOMAS DAWSON, Cpk.
ALEX KlLGOUR,
sep l8-td Solicitor for Plaintiff.