The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1904-01-23
Order of PubIiCati n.
Edward :. West plaintin
In the Circuit Court for CcctI County. hi
Equity.

The object of this suit is TO procure decree
for The specific execution and performance
o an agreement between the plaintin and
w illiam Wesley Nickie for the execution
ID delivery by the latter to the plaintii' OF
a Ease for nincty-nine years renewable for
ever in the form usual for such leases for lois
sit latC in the town OF Port Deposit, Cecil
GO mty, Maryland, at an annual ground rent
of twenty dollars 500, of certain lot of
land, situate in the said town of Port lie
pc sit, and particularly described in said bill.
The bill states that on or about he lSt day of
March, in the year 1862 the plaintiIl and the
said William Wesley Nickle entered into an
agreement that said Ncke. should acquire
the title to Il certain lot OF land, situate in
the town of Port Deposit aforesaid and that
the plalntin and said William Wesley
Nicile should erect a double house thereon
and that the said Nicklc would then. in con
sideration Of the erection of the said house
and the payment of the ground rents, grant
unto the plaintiff IL lease of onc-half of said
house and Of he lot of land on which IL was
erected and adjacent and appurte there
to and required for the reasonable use there
of, the description of which said lot is set out
in the bill, for the term of nincty-ninr years
renewable forever in the usual form of such
leases for said lots in the town OF Port De
post, at ground rent Of twenty dollars.
$50 per year.
That in pursuance of said agreement the
plaintiff and said Nickle, erected said house
and the plaintiff entered into possession OF
that part thereof and Of said lot that was to
be leased to him as aforesaid and ever since
hath remained in possession thereof, either
in person or by his agent, claiming title
thereto under said agreement to lease.
That the said William Wesley Niclile in
pursuance of said agreement did acquire he
title to tract or parcel OF land, situate in
he said town of Port Deposit which embrace
ed said lot first by a lease from him to Ed
win Wilmer and wife, bearing date the 9th
day of August, in the year 1857, and recorded
in the land records of said county. in Iiber
ii. II. NJ, No. ., folio 1856 &C., and afterwards
by deed conveying the fee simple title
thereto to him from the Cecil Bank, bearing
date the eleventh day of July A. d., 1859, and
recorded as aforesaid in I,iber w. Ii. r., No.
3 folio go.
That said William Wesley Nicklc has
since, to-wit, on or about the 18th day of
August, 1902, departed this life leaving Il last
Will and testament whereby he devised said
tract or parcel of land embracing said lot of
land to his wife, Hannah ]. Nickel, and his
son, Samuel Pusey Nickle.
That the said William Wesley Nickle dur
ing his lifetime demanded, received and ac-
cepted from the plaintiff the said ground
rent of twenty dollars $50 per year for said
lot, and otherwise recognized the plaintiffs
right to have said lease but never executed
said lease for said lot to the plaintiff as
agreed, although often requested and often
promising so to do, nor have the said Hannah
j. Nickle and Samuel Pussy Nickle, since
the death of the said William Wesley Nickle,
executed said lease, although the plaintiff
has performed all the requirements of said
agreement on his part to be performed to
entitle him to said lease.
That the said Hannah j. Nickle was mar
ried to said William Wesley Nickle after the
making of said agreement with the plaintiff;
that the said Samuel Pussy Nickle has a
wife named Stella NJ. Nicllle and that the
said Samuel Pussy Nickle and Stella NJ
Nickle, his wife, and Hannah j. Nickle all
reside out of the state of Maryland.
1t is thcreupon this 22d day of January,
1904, adjudged and ordered by the Circuit
Court for Cecil County in Equity that the
plaintiH by causinga copy of this order to
be inserted In some newspaper published in
said Cecil county once week for four sue
cessive weeks before the ODD day of February
1904, give notice to the said absent defend
ants ofthe object and substance of this bill
and warn them to appear in this Court in
person or by solicitor, on or before the 9th
day of March next to show cause, If any
they have, why decree ought not to pass
as prayed.
MANLY DRENNEN,
True Copy-Test: Clerk.
Jan Bow MANLY DRENNEN, Clerk.