The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1909-02-20

The object OF this suit Is 10 obtain a decree Of
said Court Tor the sale OF the real estate mention
cd therein for the payment Of the mortgage debt
and interest OF the plaintiff. The bill states:
!. That heretofore. to wit, ON the 9Th day OF
December, is5N, a certain Richard ID. Akin and
Elizabeth A. Aiken, his wife. OF Cecil county in
the State OF Maryland being indebted to Andrew
Kerr surviving executor and trustee under the
will of Samuel Kerr. late OF Kent County in said
state, deceased, III the sum Of s,O0D aud intend.
iuE TO secure the payment thereof unto him. did.
by their deed OF that date. recorded among the
land record books 81 Cecil County aforesaid in
Libcr A. W. NJ. No. >, Folio 81, Nc. convey unto
the said executor and trustee, his heirs and as.
signs, certain farm OF tract OF land. containing
one hundred aud twenty acres, with the buildings
and improvements thereon. situated In the FIRST
election district OF said Cecil County and partic-
ularly described IN said deed. tn which deed there
" condition anne cd that II bc void on flaymcnt
by the said Richard -. Akin and Elizabeth A.
Akin his wife of the aforesaid sum of money,
with interest thereon n ia said instrument set
forth and that the said mortgage deed was after.
wards duly assigned bl levin W. Wickcs. Trus-
tee OF the estate of the said samuel Kerr, aud
successor OF the said Andrew Kerr. executor and
trustee as aforesaid. las his assignment bearing
date ON the 18th dny oi March. i'nl. and his fur
'thcr assignment bearing date April 27th 1901, all
OF which will more fully appear by rcfcrancc to
certified copy Of said deed and assignments
thereon. herewith filed as a part Of this hill
marked Exhibit X. u. \. No. ~.
,. Tha, the said Richard u. Akin has since
the date OF said mortgage, departed this life. in
the year 1898 having first made his last will aud
testament in writing bearing date on the yrd tlay
OF September 1881, wherein and whereby he de
vised the said real estate and his personal proper
IS unto his wife. the said Elizabeth A. Aka, for
and during her natural life and from ard after
her death TO his children. r. Dclhert Akin. Me
linda ". Brown, J. Lewis Akin, Walter ". AK.
in Ida l.. Clayton and Harry 4. Akin. as will
more fully appear by certified copy thereof.
herewith hlrd as a part hricot from the probate
records oi said Cecil county. marked Exhibit Y.
-. A. No, 80. aud did appoint the said Elizabeth
A, Akin cxccutrix thereof but without power to
sell the said real estate.
Z. That the said Elizabeth A. Akin Ito whom
letters cstameniary under said will were issued
Is living ut this time. aud the following children
and hcir- NJ law thcrcoi W Melinda ". Brown.
daughter whose husband is Thomas brown.
t2l X. Dclbert Akin. sou. whose wife II Ella.
more q. Akin; ~ J. Lewis Akin son, unfnarri.
ed. til Walter W. Akin SOIL, whose wife u
Agnes Akin; ~ Edwin Clayton. surviving hus-
band, and Morris Clayton, Henry Clayton and
Aida l.. Clayton. surviving children aud heirs at
law, Of Ida l.. Clayton deceased, a daught 10
Walter Akin, Jr., son Of Harry c. Akin. niorc.
said deceased. son, whose surviving widow.
Agnes Akin has since intcrmaTrird with the said
Walter W. Akin.
T. That the said K. Delhcrt Akin and Eianore
q. Akin, his wife reside IN Cecil county alorc-
said and the said Walter "; Akin. Agnes Akin
aud Walter Akin, IT.. reside in the City Of hal.
timorc, IN the State Of Maryland; aud the said
Melinda W. brown. Thomas Brown. her husband
and Elizabeth \. Akin aud Elizabeth \, Akin.
Executrix OF said Richard u. Akin. reside In the
state oil Delaware and the said J. Lewis Akin.
Edwin Clayton, Morris Clayton, Henry clay.
ton and Aida T.. Clayton reside IN abe state OF
Pennsylvania, or elsewhere, beyond the iurisdic-
ton of this Court.
S. And your oratfis charges that the whole OF
said principal sum OF 5000 with interest thereon
from January list 1907, Is still unpaid though the
time limited for the payment thereof by the con
diton aforesaid has long sincc passed. aud that
the whole Of said principal sum and the interest
aforesaid, theron. remain owing unto your or.
atTiN.
h. That the said Walter Akin. IT,, Henry
Clayton. Morris Clayton aud Aida 4. CLAYTON
are infants under the age Of twenty one years.
The bill then prays for decree for the sale Of
the said real estate for the payment OF aaid prn.
cipal sum and interest and for general relief.
with ,ie Usual prayer TOT subpoena s;;s order
OF publication.
II Is therenpon this nth day of February. 1909,
ordered that the plaintiff, by causing a copy OF
this orded to he inserted in some newspaper pub.
lshed in Cecil county aforesaid. once In each OF
four successive weeks before the the ilth day OF
Mach next, give notice Ia the said absent de-
endants Of the object and substance OF this bill.
warning ihcm to appear In this Court in person
orhy solicitor, on or before the JOth day of March
next to show cause u any they have why a de
cree ought not to pass as.praycd
MANLY DREHNRN.
True Copy test. Clerk
iJfebss MANLY DRgNNEN. CLERK