The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-09-03

The object Of these proceedings is to procure
the appointment of a Trustee instead of Kennon
sale Of the undivided one-third interest Of said
Charles f. Mallory and Susan e. H. MALLORY hjg
wife, ~ tract o. land containing
northwest of 0wings' Mill.
The bill recites-
the city of New York, State Of New York. and
that said Charles u. Mallory, Susan e. H. Mall
loEy, his wife ana q. Godfrey Jones. infant son
residents of the State of Maryland.
z That on January 3lst, 1898, Charles f. NAL
lory and wife executed unto Charles f. Spots
WOOD their promissory note of even date for
1854, being money advanced By Charles r.
Spotswood to said Charles +. Mallory and wife,
house of John s. Cuttings g COMPANY. Balfi.
more and 70 secure the payment Of said note
Charles F. Mallory and wife executed q deed Of
ing all their undivided one-third interest in a
tract OF land containing eighteen acres situate
two lilies fr6 Sttase s a "A s4 eE
properties of John r. Sherwood and Alexander
To Cbaraa se aSt q SId
and said Charles +. Mallory by deed bearing date
October 22d. 1889. and recorded among the Land
No. III. folio 500, etc., and in event Of default By
Charles F. Mallory and wife in the payment Of
said notes together with accrued interest there
on, then Kennon Jones, Trustee, upon request
OF Charles f. Sp0tew0od, was empowered to sell
said undivided one third interest at public auc-
LAUu 0uO 10 apply buc UEUCSBUH derived Euof1-
from to the payment OF said note and accrued
interest thereon. For reference to said deed of
trust see L. NJ B., No. 165, folio IL, etc., one of
3. That upon maturity of said note the same
was duly presented for payment BY the petit
toner, but payment was refused and the same
was thereby qlehonored by said Charles F. NAL
Tory and wife.
4. That the petitioner continued to make re-
wife, until in the latter part Of the wear Ieoo
kennon Jones, Trustee, died intestate, leaving
him surviving as heir at law his eldest son. Fl.
Godfrey Jones, an infant, and his widow, Ed
Wardine q. Jones.
%. That since the death of Kennon Jones,
Trustee, said note has been Inadvertently lost
or destroyed, but that the petitioner has COM
tinued to make repeated demands upon said
Charles +. Mallory and wife for the payment Of
the same, but that they have utterly refused to
pay the same or the accrued interest thereon or
any portion thereof.
9. That therefore the petitioner is entitled to
have said undivided one-tbird interest OF Charles
F. Mallory and wife In the tract of land afore-
said sold under the provisions of the deed of
trust. put that Dy reason OF the death Of Kennon
Jones, Trustee, and the consequent vesting Of
the legal title to said tract OF land in his heir at
law and eldest SON, H. Godfrey Jones, who Is an
competent to execute the trusts imposed By the
deed OF trust, the petitioner has no adequate
legal remedy to enforce his rights and is delayed
and hindered in the enjoyment of his rights
hereunder, and that It would be for the benefit
and advantage Of all concerned that the trust
| estate so vested In Kennon Jones, Trustee. de-
| ceased, be placed in the hands Of q Trustee or
Trustees who should administer the same sub
| ject to the supervision Of court OF equity.
The bill then prays-
| !. That Trustee may be appointed in the
| place and stead of Kenn0n Jones, Trustee, de-
ceased; and
| 2. That said undivided one-third interest of
Charles +. Mallory and Susan e. H Mallory In
| SAID mortgaged premises may be decreed to be
sold and the proceeds thereof applied to the pay
ment of the loan due the petitioner with accrued
| Interest thereon: and
| 3. That the petitioner may have such other and
further relief as his case may require.
IL Is thereup0n, this 10th day of August, 1904,
| BY the Circuit Court for Baltimore county, sit
/ ting in EQUITY, ordered that the petitioner BY
| causing copy Of this order to be published in
! some newspaper published in Baltimore county
/ once week for four successives weeks. before
the 18th day Of September. 1904 give notice to
/ the above named respondents, Charles r. NAL
| lory, Susan 3. H. Mallory, his wife, and II. God
| frey Jones, infant son OF Kennon Jones, Ttus-
/ tee. deceased, informing them Of the object and
| substance OF this bill and warning them to be
| and appear In this court,
On or before the e7ts day Of September. 1904.
4 True Copy-Test:
Aug. 13-5t