Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1916-07-07
ORDER orr Bill, AXIOM
In the Cir, nit Court for Charles
County, In Equity
Adrian cs. Plaintiff.
VS..
Edward Sanders, John @. Lang aud
JohI Ware, Def, ndan,s.


The bill OF complaint in this case
was filed by one tenant in common
against the other tenant in common. OF
the property mentioned aud describ, d
70 these proceedings, aud against the
former mortpagor aud mortgage In a
mortgage of the property mentioned IN
SAID proceedings, for decree Of the
sale OF the property mentioned 10 these
proceedings, and a decree establishing
that the mortgage referred to Ia sa d
wv 81 complaint has been properly
foreclcsed.
e Ihe bill states that ADRIAN Pose,
acquired title to certain property 10
CHARTS County, State of Maryland.
from himself as assignee Of a cerlain
mortgage from John e Lang to John
Ware. That the mortgage secured a
L an Of twelve hundred dollars, That
Fabian Posey, Trustee, conveyed the
said proper ty to Adrian Posey, by deed
dated Septt mber 9Th, 1895, and duly
recorded among the land records OF
Charles county in Liber b. G. S No.
.. folio asa etc, and subsequent there.
to the said Adrian Posey nveyed the
undivided One-fourth in said property
to Edward Sanders, one Of the defenn.
ants in this case. by deed dated March
3lst, 1916, and duly recorded among the
land records Of Charles county.
The bill charges that subsequent Ia
the foreclosure proceedings, some CUES
ton was raised as to whether the said
Adrian Posey was as a matter If fact
the assignee Of said mortgage. and the
mortgage notes, az d. therefore, wheth-
err the said Adrian Posey was entitl, d
to foreelose the said mortgage. In this
connection, the bill alleges that the
said Adrian POsey was the owner OF
said mortgage and mortgage notes at
the time vt foreclosure, and that the
proceeds OF sale we're duly accounted
to the parties entitled thereto, but in
order to remove any doubt the parties
desire to establish the owner hip OF
SAID mortgage by decree in this case
The bill thu n describes tie property
as follows: All that tract, piece. part
or parcel OF land, lying and situate in
The Fl urth Election District of Charles
county, Mar. lard, bound. d on the
| North By the lat DIS Of the late Robert
short aud formerly Of JOhu Z. Lang,
and Equality ard Mount Air" farms;
on the West By the Potomac River; on
the South by the lands of the late James
/ A. TIL. mpson, and "Wortla Berry,
farm. and o. the East by the Baltimore
and Potomac Railroad,
The bin charges that Adrian Posey,
lohn &. Land and John Ware are All
che persons who have or could have an
n'erest or estate In said property, and
hat they all Of legal age and otherwise
nj iuris, and that Adrian POsey and
Edward SaLders are residents 81
Charles ounty. Maryland, but that
IOhn Z. Lang and John Ware are non
RESIDENTS of the State OF Maryland.
The bill then charges that the Com.
slaiuant ; entitled to a PARTITION Of
said property, but that the said proper.
ty cannot be divided without loss and
Injury to the parties interested therein,
and that the only method by which a
partition can be made is bv sale of the
property and division of the proceeds
1t Is theieupon, this 18th day OF
June, in the year 1916, adjudged
ordered and deereed by the Circuit
Court for Charles county, Mary land
that the Plaintiff give notice to the
d e d ants, John &. Lang
rnd John Ware, non-residents of this
State, of the object and substance Of
these proceedings by causing a copy OF
this order to be inserted j n some
news paper, published in said Charles
county, Maryland, once a week fol
four successive weeks, before the
24th day of July, 1916, warning them
TO be and appear in this Court in
person or by solicitor, on or before the
18th day of August, in the year 1916
to show cause if anyhe may have, why
a decree ought not to be passed as
prayed.
CONRAD POSEY,
Clerk of the Ct. Ct for Chas. Co., Md
True Copy, Test:
CONRAD POSEY, CLERK.