Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-10-02

LOWS ". Jones, uer nusuhuu ava
Maria Orndorff, Corrine O'Loughlin
and John G. O'Loughlin, her husband;
Lavinia .. Bryan and John s. Bryan,
her husband Richard Anderson and
Virginia Anderson, his wife; Josephine
G. Davis and George f. Davis her
husband Lucinda b. Brown and Geo.
Bib Brown, her husband Cecilia
Marsh and Thomas Marsh, her hus-
band, and Mary Wallace Anderson.
No. 2Ob3 In the Circuit Court for Montgom-
cry county, sitting as Court of Equity
VNHE OBJECT of this suit Is to have APP
Il pointed a Receiver to wind up and settle
the affairs OF the partnership heretofore ex-
isting between Daniel W. Brown, deceased,
and the complainant, Michael Brown, and
to have certain deed, made by VIM. r.
Trux to said Daniel W. Brown, dated 2lst
day Of June, 1887, and recorded among the
Land Records of said county, declared to be
for the benefit Of said partnership and assets
| of the firm of said Daniel W. Brown and
Michael J. Brown, formed and existing in the
lifetime of said Daniel W. Brown, and liable
for the debts of said firm, and after the pay
| meut thereof the residue distributed to the
survivor, as provided in their agreement OF
partnership, which is set forth in the bill
The bill states
First. That a certain Daniel W. Brown,
late Of Montgomery county, In the State OF
Maryland, departed this life intestate on or
about the 2sth day of June. in the year 1901.
| Second. That at the time OF the death OF
the said Daniel W. Brown, and long time
prior thereto, as will be hereinafter ex-
planned and set forth, the said Daniel W..
Brown, jointly with your orator, was pos
sessed Of valuable real estate lying and being
In said Montgomery county, which was con-
veyed to the said Daniel W. Brown under the
circumstances aud agreements hereinafter set
forth, by WIN. R. Trux. Executor of Matilda
Trux, by deed dated the 2lst day OF June,
in the year 1887, and recorded among the
Land Records OF said Montgomery county, in
Liber J. A No 6, folios l08, etc, contain
ing seventy-three (73) acres Of land, more or
| less, less, however, one acre thereof conveyed
by said Daniel W. Brown 10 a certain Isaac
II. Baker, by deed dated the 26th day OF June,
In the year 1885, and recorded among said
Land Records in Liber j. A., No. ID, folios
473, etc duly certified copies OF both OF said
deeds being filed herewith as part hereof, and
marked, respectively, exhibit No. /" and
"Exhibit No. q"
Third. That the said Daniel v. Brown was
never married and left surviving him as his
only heirs-at-law your orator, Michael J.
Brown a brother, Thomas j. Brown, inter-
married with Caroline Brown sister, Mary
A. Jones, wife Of Louis O Jones; a sister,
Martha A. Eccleston, widow Ava Maria
Orndorff, widow Corrine O'Loughlin, wife
of John O. O'Loughlin children of Lucinda
Bohrer, a sister ofthe said Daniel W Brown,
who departed this life prior to her said broth
er; Lavinia q. Bryan, wife OF John ). Bry
an Richard Anderson, intermarried with
Virginia Anderson Josephine o. Davis, wife
of George +. Davis Lucinda b. Brown, wife
of George Bib Brown; and Wallace Ander
son, children Of Virginia @. Anderson, a sis
ter Of the said Daniel W. Brown, who de-
parted this life prior 10 the death OF her said
brother said Wallace Anderson having de-
parted this life after the death Of the said
Daniel W. Brown, interstate, leaving widow
Cecilia, who has since intermarried with q
certain Thomas Marsh, and one infant child
Mary Wallace Anderson; William O. Brown
unmarried Edgar J. Brown, intermarried
with Mary Brown; and Mauric M. Brown
intermarried with Nora Brown, children o
William NJ. Brown, a brother Of said DAME
W. Brown, who departed this life before hi
said brother.
Fourth. That on the 28th day of October
In the year 1896, by a deed Of mortgage, duly
recorded among said Land Records in Libe
J. A, No. So, folio 3l4, etc, the said DAME
W. Brown, under the circumstances and agree
ments with your orator herein contained
conveyed the said land and premises by way
of mortgage, to a certain John @, England
of said county, TO secure the sum OF tw'
thousand q, O00), which said debt is unpaid
and said mortgage 10 still valid and subsist
ing lien upon the said lands and premises.
Fifth. That on the LIST day OF June, In tn
year 1879, your orator, Michael J. Brown
and the said Daniel W. Brown entered int
con tract or partnership, to continue for thu
period Of their joint lives, to purchase farm
in said Montgomery county, 10 the State o
Maryland, and to carry out and execute thu
agreement in that behalf, 1t was provided
and agreed between them that they should
negotiate loan of twenty FIVE hundred dol
lars q, 6C0) for the purchase and stocking
and equipment thereof, operate the same a
partners, as aforesaid, each TO furnish ar
equal amount of labor and skill requisite fol
It's cultivation and development, and bea
equally the losses and profits, and the reve
nue. arising therefrom, after the payment o
the operating expenses, including the supper
and mai ntenAnce of the said Michael j
Brown aud Daniel W. Brown; the indebted
| ness OF the firm was to to be invested anC
rein vested from time to time, as they should
accrue in the enterprise, In stock, farmi ~
; equipments necessary for said farm, and th'
whole amount of investment, as Aforesaid
J was To be considered and designed as a consol
idated fund to be held jointly for the use ant
benefit Of the partnership, and at the dissOlu-
ton thereof by death, as aforesaid, distrib
uted, alter the payment Of the debts and OBJ
legations of the partnership, TO the surviving
part0er AZ personally
Sixth. That after said agreement was mad
! | and entered into, as aforesaid, your oratoi
aud the said Daniel W. Brown, pursuant t;
and In execution thereof, negotiated and OBJ
tanned a loan of twenty Ave hundred dollar
| (x2,bOOl for the use and benefit OF their saIC
- partnership, and applied two thousand dol
lars 49,, 0OO) thereof to the purchase OF
. farm In said county, containing one hundred
and two (i02) acres, which Is described in
8 deed Of con veyance, dated the 2bth day Of
In the year 1879, from Thomas Anderson
VIM. v. Bouic and II. W. Talbot, to th
said Daniel W. Brown, a copy thereof bein
filed herewith, marked exhibit No. 3, IAN
Eve hundred dollars thereof 10 the stOckin
and general equipment OF said farm for tn
purpose OF the partnership, as aforesaid, an
the said Daniel W. Brown and your orato
L Immediately took possession OF said farm
}, and IN pursuance Of their agreement, possesse
and operated the same under the terms an
A conditions thereof until the 25th day Of May
1887, when they sold said tract OF land IL
the SUN OF twelve thousand dollars (Sl2 ,00C
TO one Kenneth =. MerchesOn
Seventh That your orator and the sa
Daniel W. Brown applied the proceeds ar
ing from the sale Of said tract Of land TO II
payment Of said loan OF twenty-five hundre
Of dollars (S2 500 and the liquidation Of 9th
D. debts and obligations incurred and owing ;
Ne them as partners In the prosecution OF the
r. said enterprise, and forty-fve hundred do
lars(b4 BOO to the purchase Of a tract Of Lar
mentioned ia paragraph No. hereof takit
the legal title thereto In the name OF DAM
- W. Brown, under said agreement, for 4
uses and purposes Of said partnership; al
the remainder Of the twelve thousand d.
a lars ($l2, o00) they invested in stock, far
J. ing utensils and permanent improvement
which we're essential and necessary 10 op,