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

Michael j. Brown s.William G. Brown,
Edgar J. Brown and Mary Brown, his
wife; Maurice M. Brown and Nora
Brown, bis wife Thomas j. Brown
and Caroline Brown, his wife Mar
tina A. Eccleston, Mary A. Jones and
Lewis G. Jones, her husband Ava
Maria Orndorff, Corrine O'Loughlin
and John G. O'Loughlin, her husband;
Lavinia G. Bryan and john 8. 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. 2053 In the Circuit Court for Montgom-
cry county, sitting as Court of Equity.
THE OBJECT of this suit is to have APP
l. pointed Receiver to wind up and settle
the affairs Of the partnership heretofore ex-
listing between Daniel W. Brown, deceased,
and the complainant, Michael ]. Brown, and
to have a 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 ]. Brown, formed and existing 10 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 q certain Daniel W. Brown,
late OF Montgomery county, in the State Of
about the 28th day Of June in the year 1901.
Second. That at the time Of the death of
the said Daniel W. Brown, and q 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 and 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 l0s, etc, contain
ing seventy-three (73) acres of land, more OF
less, less, however, one acre thereof conveyed
by said Daniel W. Brown 10 q certain Isaac
q. 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, folioI
473, etc, duly certified copies Of both Of sale
deeds being filed herewith as part hereof, anC
marked, respectively, exhibit No. l" ant
Exhibit No. O."
Third. That the said Daniel W Brown wal
never married and left surviving him as his
only heirs-at-law your orator, Michael J
Brown a brother, Thorn as J Brown, nter
married with Caroline Brown a sister, Mar!
A. Jones, wife Of Louis O Jones a sister
Martha A. Eccleston, widow; Ava Mari
Orndorh, widow; Corrine O'LOughlin, wifi
Of John g. ULoughlin children Of Lucind
Bohrer, a sister ofthe said Daniel W Brown
who departed this life prior to her said broth
err; Lavinia O. Bryan, wife Of John s. Bry
. an; Richard Anderson, iutermarried wit
Virginia And erson Josephine @. Davis, wit
3 OF George F. Davis Lucinda B Brown, will
of George Bib Brown; and Wallace Andei
0 son, children Of Virginia O. Anderson, u Sit
0 ter Of the said Daniel W. Brown, who d
parted this life prior TO the death of her sal
8 brother said Wallace Anderson having d.
parted this life after the death Of the sal
0 Daniel w. Brown, intestate, leaving widow
Cecilia, who has since intermarried with
certain Thomas Marsh, and one infant child
Mary Wallace Anderson; William G. Brown
D unmarried; Edgar J. Brown, intermarrie'
with Mary Brown; and Mauric M. Brow
0 intermarried with Nora Brown, children I
William M. Brown, a brother Of said Dani
W. Brown, who departed this life before b
D said brother.
Fourth. That on the 26th day of October
. in the year 1896, by deed Of mortgage, dul
recorded among said Land Records in Lib
J. A, No. 66, folio 3l4, ETC., the said DAM,
W. Brown under the circumstances and agre'
. ments with your orator herein contained
0 conveyed the said land and premises by wa
Of mortgage, to a certain John G. England
. OF said county, to secure the sum Of tw
7 thousand (2,O0O), which said debt is unpaid
0 and said mortgage is still valid and subsis 8
ing lien upon the said lands aud premises.
B Fifth. That on the LIST day of June, in th
: year 1879, your orator, Michael J. Brown
3 and the said Daniel W. Brown entered int
a contract or partnership, to continue for tn
period Of their joint lives, to purchase fart
in said Montgomery county, 10 the State {
Maryland, and TO carry out and execute tn
Q agreement in that behalf, il was provide
: and agreed between them that they shoul
negotiate loan OF twenty five hundred do
lars 2, bc0) for the purchase and stocking
} and equipment thereof, operate the same a
partners, as aforesaid, each to furnish a.
equal amount of labor aud skill requisite 70
its cultivation and development, and bea
equally the losses and profits, and the reve
nue. arising therefrom, after the payment q
the operating expenses, including the supper
and maintenance Of the said Michael J
: Brown aud Daniel W. Brown; the indebted
ness oil the hrm was to to be invested an
re-invesied from time TO time, I'D they sheul
\ accrue in the enterprise, In stock, farmi n
! equipments necessary for said farm, and tn
whole amount of investment, az Aforesaid
was to be considered and designed as q conso
K idated fund to be held jointly for the use an
benefit Of the partnership, and at the dissolu
ton thereof by death, as aforesaid, distrih
uted, after the payment Of the debts and oh
legations OF the partnership, TO the survivin
partner as personality
Sixth. That after said agreement was mad
n and entered into, as aforesaid, your orato
and the said Daniel W. Brown, pursuant t
q and in execution thereof, negotiated and OBJ
Q tanned Il loan OF twenty-five hundred dollar
a $2,bO0) for the use and benefit Of their salC
partnership, and applied two thousand do,
. lars ($2, OOO) thereof to the pur base of
farm in said county, containing one hundre,
and two (lO2) acres, which is described in
deed OF conveyance, dated the 25th day Of
n In the year 1879, from Thomas A nderson
: VIM. V. BOuic and II W. Talbot, TO III
! = said Daniel W Brown, a copy thereof bein
filed herewith, marked Exhibit No. IAN
n tive hundred dollars thereof to the stocking
and general equipment OF said farm for Tn,
purpose OF the partnership, as aforesaid, an,
the said Daniel w Brown and your orato
Immediately took possession OF said farm
and IN pursuance OF their agreement, possesse,
and operated the same under the terms an,
n conditions thereof until the 25th day Of Nay
1887. when they sold said tract of land 70
, the sum OF twelve thousand dollars Isl 900
to one Kenneth S. Mercheson.
Seventh. That your orator and the said
Daniel W. Brown applied the proceeds arts
: ing from the sale Of said tract OF land to tn,
payment OF said loan OF twenty-five hundred
dollars (S2 5O0) and the liquidation of othe
debts and obligations incurred and owing b,
them as partners in the prosecution Of the
said enterprise, aud forty-fve hundred dol
lars(S4, b0O) to the purchase of tract Of LAND
mentioned in paragraph No 3 hereof, taking
the legal title thereto in the name of DANA