The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-08-20

cert Street, baltimore, ma.
ORDER OF PUBLICATION.
CHARLES F. sPoTswooD 1rrv
CHARLES F. MALLORY, cIGE oGST
H. GODFREY JONES, D6H oIISry
INFANT SON OF KENYON Tn EnyIIr,v
JONES, TRUSTEE. DECEASED, ~ HVoihA'
The object of these proceedings is to procure
the appointment of Trustee instead of KennOn
Jones: Trustee; deceased, and decree for the
Charles F. Mallory and Susan e. H. Mallory, his
wife, in tract of land containing eighteen acres.
situate in baltimore county, about two miles
northwest of Owings' Mill.
j. That Charles F. spotswood is a resident of
that said Charles F. Mallory, Susan E. H. NAL
lory, his wife, and H. Godfrey Jones. infant son
OF kennon 4h Re tate M are all nom
2. That on January 31st, 1893. Charles +. NAL
lory and wife executed unto Charles f. Spots
wood their promissory note of even date for
$335.41, being money advanced by Charles f.
Spotswood to said Charles +: Mallory and wife,
payable three months after date at the banking
more. and to secure the payment of said note
Charles F. Mallory and wife executed deed of
trust to one Kennon Jones. as Trustee, convey
ing all their undivided one-third interest in
tract of land containing eighteen acres, situate
in Baltimore county, State Of Maryland, about
TWO miles IrOm OWlDRS' Mills. dQ1O1QlQR the
properties of John r. Sherwood and Alexander
Y. Dolfeld being the same tract of land con-
veyed to Charles !. Spotswood. W. J. Bohaunan
October I'D. 1885, and recorded among the Land
Records of Baltimore county, in Liber J. w. s.,
No. 1T, folio 329, etc., and in event of default by
Charles F. Mallory and wife in the payment of
said note, together with accrued interest there
on, then Kennon Jones, Trustee, upon request
said undivided one third interest at public auc-
tion and to apply the proceeds derived there
from to the payment Of said note and accrued
interest thereon. For reference to said deed of
trust see L. NJ B., No. 1885, folio IL, etc., one of
the Mortgage Records of Baltimore county.
3. That upon maturity of said note the same
Fcner, but p ayment Vas fefHse1 and the gake
was thereby dishonored by said Charles F. NAL
| lory and wife.
i. That the petitioner continued to make re-
WIFE, until in the latter part Of the year 1900
Kennon Jones. Trustee, died intestate, leaving
him surviving as heir at law his eldest son. II
Godfrey jones' an infant, and his widow, Ed
wardine g. JONES'
g. That since the death of Kennon JONES'
Trustee. said note has been inadvertently lost
tinued to make repeated demands upon said
| Charles F. 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.
8. That therefore the petitioner is entitled to
have said undivided one-third interest of Charles
f. Mallory and wife in the tract of land afore-
said sold under the provisions of the deed of
| trust, Dub CnaJ Dy reason OF the QeaJn OF henuOn
| Jones, Trustee. and the consequent vesting Of
the legal title to said tract of land in his heir
law and eldest son, H. Godfrey Jones, who is an
infant under the age of nineteen years, and in
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 Trustee OF
Trustees who should administer the same sub.
ject to the supervision of a court of equity.
The bill then prays-
/. That a Trustee may be appointed in the
place and stead of Kennon Jones. Trustee de-
ceased; and
2. That said undivided one-third interest o.
Charles r. Mallory and Susan e. H. Mallory ir
said mortgaged premises may be decreed to bt
sold and the proceeds thereof applied to the pay
ment of the loan due the petitioner with accrued
interest thereon; and
8. That the petitioner may have such other ant
further relief as his case may require.
It is thereupon, this 10th day of August 1901
by the Circuit Court for Baltimore county, sit
ting in Equity, ordered that the petitioner. b!
causing copy of this order to be published il
some newspaper published in Baltimore COUNTY
once a week for four successves weeks. befOr
the 18th day of September, 1904, give notice t.
the above named respondents, Charles +. Nal
lory, Susan E. H. Mallory, his wife, and H. God
frey Jones, infant son of Kenn0n Jones, Trus
tee. deceased, informing them of the object ant
substance of this bill and warning them to b.
and appear in this court,
On or before the 9th dag of September, 1904
to show cause. if any there be, why decree
should not be passed as prayed.
WILLIAM P. COLE, Clerk.
True Copy-Test;
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