Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-09-25

.ho e"iu Dnniol W 4. brOWn WIN their Joint
funds, as aforesaid, for the purpose of said
and the legal title thereto was
conveyed 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 said 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, as aforesaid the the said Daniel W.
Brown, your orator and the said Daniel took
possession thereof as partners, as aforesaid,
and continued to 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
.viving 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 2 hereof.
Twelfth. That the mortgage debt mentioned
in paragraph A 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 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. That 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 hereof,
and personal property consisting of farm
ing utensils, Appropriated to be worth about
three hundred dollars, and the debts of the
said firm at that time included the said mort
gage debt OF two thousand dollars, and
amounted 10 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 their
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 Daniel next
Of kin-all of which will at large appear by
reference to said suit, being No. 2Ol2 Equity,
now pending in your Honorable Court.
Fifteenth. That by reason of the premises
the said partnership effects will be so far di-
minished and diverted as to become made
quate to the payment of the said debts and
liabilities OF the said partnership, To the
manifest injury of the creditors thereof az
well as your orator.
Sixteenth. That all of said parties defend
ant are Of the full age of twenty-one years,
except Mary Wallace Anderson, who is an
infant under said age.
Seventeenth. That VIM. G. Brown, Edgar
j. Brown and Mary Brown, his wife; Maui
rice M. Brown, Nora Brown, Mary A. Jones
Louis 9. Jones, her husband Ava Maria
Orndorf, Caroline 0'Loughlin and John @
| OLoughlin, her husband, reside in the Dis.
trict OF Columbia; and Josephine G. Davis
and George S. Davis, her husband, reside in
Westmoreland county State of Virginia
and the other defendants mentioned herein
are residents of said Montgomery county, il
the State of Maryland.
The bill prays:
First. That a receiver may be appointed
to take charge Of all the said partnership
books, accounts, goods and effects, and &c
collect the debts due thereto and preserve
the benefit of the same under the direction O
this Court.
Second. That the tract of land mentioned
and described in paragraph 2, hereof con
veyed TO Daniel W. Brown by VIM. r. Trux
Executor, as aforesaid, may be declared TO b,
partnership assets and decreed to be sold fol
the payment of said debt of two thousant
dollars mentioned in No. 4 hereof, and othel
Indebtedness of said partnership.
Third. That the said partnership may b,
declared to be dissolved, and that an account
OF its business may be taken under the dIrec
ton of this court, and that its assets anf
effects may be applied ia the payment Of IT'D
debts and liabilities, and the residue thereo
distributed to your orator as personally un
der the terms of said agreement Of partner
ship, as aforesaid.
Fourth That your orator may have such
other or further relief as his case NAV require
| 1t is thereupOn this 18th day of September
1908, ordered by the Circuit Court for Mont
gomery county, sitting as a Court of Equity
that the plaintiff, by causing a copy of thi
order to be inserted in some newspaper pub
iished 10 said Montgomery county, once il
each OF four successive weeks before the l7tl
day OF October, 1908, give notice to the sale
absent defendants Of the object and substanc
OF this bill, warning them to appear in thi
Court in person or BY solicitor, on or befor,
the 4th day OF November, 1903, to show cause
II any they have, why decree ought not Il
pass as prayed.
THOMAS DAWSON, CPk
Circuit Court for Montgomery county.
True cOpy-Test:
1900 THOMAS DAWSON, OK.
ALEX. KlLG0UR,
sen l8.td Solicitor for pla;n,;R