Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-10-16

the said Daniel W. Brown with their Joint
funds, as Aforesaid, for the purpose Of said
partnership, and the legal title thereto was
conveyed to the said Daniel W. Brown for
the benefit Of said partnership, and was de-
signed aud 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
rrux, as Aforesaid the the said Daniel W.
Brown, your orator and the said Daniel took
possession thereof as partners, as aforesaid,
aud continued to hold and cultivate the same
under the terms Of their said agreement, to
the death of tho 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 at.
fairs OF the said partnership.
Eleventh, That at the time Of the dissolu-
ton Of the said partnership by tho death of
the said Daniel W. Brown, II 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 men toned
in paragraph hereof was q joint debt In
Cured by said Daniel W. Brown aud your
orator, as partners, and used for the benefit
of said partnership in the prosecution Of their
said enterprise, and 10 still subssting lien
on the assets OF the partnership, and your Or
ator, as surviving partner, is individually liza
bic for the payment of the same.
Thirteenth. Tha: 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, 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.
Four teenth. 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,
hShluK tuht tu6 Shulo uo bOlu tut tnb PURPOSES
of partition, and the proceeds arising from said
sale divided among them according to their re-
spective interests therein, as said Daniels next
OF kin-all of which will at large appear by
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 30 far d.
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, as
we'll as your orator.
Sixteenth. That all of said parties defend
ant are Of the full age of lwenty-one years,
except Mary Wallace Anderson, who Is an
infant under said age.
Seventeenth. That VIM. O. Brown, Edgar
J. Brown and Mary Brown, his wife; Maui
rice M. Brown, Nora Brown, Mary A. Jones
Louis o. Jones, her husband Ava Maria
Orndortf, Caroline 0'Loughlin and John O.
O'Loughlin, her husband, reside in the Dis
trict OF Columbia; and Josephine O. 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, in
the Stale of Maryland.
The bill prays:
First. That u receiver may be appointed
to take charge of all the said partnership
books, accounts, goods and effects, and to
collect the debts due thereto and preserve
the tenefit OF the same under the direction of
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 10 be
partnership assets and decreed 70 be sold for
tha ~ aaiA Aaht nf lxun thnnaanH
dollars mentioned In No. 4 hereof, and other
Indebtedness of said partnership.
Third. That the said partnership may be
declared to be dissolved, and that an account
of It's business may be taken under the direc-
ton of this court, and that its assets and
effects may be applied ia the payment OF its
debts and liabilities, and the residue thereof
distributed to your orator as personally I'M
der the terms Of said agreement OF partner
ship, as Aforesaid.
Fourth That your orator may have such
other or further relief as bis case may require.
Ii Is thereupon this 10Th day of September,
1908, ordered by tho Circuit Court for Mont
gomery county, sitting as a Court OF Equity,
that the plaintiff, by causing q copy OF this
order to be inserted In some newspaper pub
lished Ia said Montgomery county, once In
each OF four successive weeks before the 18th
uhy VI OCtoouIi ioVoi BNo hotSo W 'hO on'u
absent defendants Of the object and substance
Of this bill warning them to appear In this
Court, In person or by solicitor, on or before
the 4th day OF November, 1908, to show cause,
II any they have, why decree ought not to
pass AS prayed.
THOMAS DAWSON, Cpk
Circuit Court for Montgomery county.
True copy-Test:
THOMAS DAWSON, Cpk.
ALEX. KlLGOUR,
ann la.ih Snliciinr for PLAINTIFF