Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1916-06-30

In the Circuit Court for Oh rles
Cou ty, 10 Eqnity.
Adrian oss'v. Plaintiff.
VS..
Edward Sanders. John c. Laug and
JOhl Ware, Def Ddqnts


The bill OF complaint in this case
was filed by one teuant in common
against the other tenant in common, Of
the property mentioned and deserib. d
10 these proceedings, and against the
former mortgagor and mortgage Ia a
mortgage Of the property mentioned ~
said proceedings, for a decree Of the
sale Of the property mentioned ia these
proceedings, and a decree establishing
that the mortgage referred TO in sa d
bill Of complaint has been properl,
foreclcsed.
Mine bill states that Adrain Posev
acquired title to certain property 10
Charles County, State Of Maryland,
from himself as assignee of certain
mortgage from John Lang to John
Ware. That the mortgage secured a
an of twelve hundred dollars, That
Fabian Posey, Trustee, conveyed the
said property to Adrian Posey, bv deed
dated Septt mber 18th, 1898, and duly
recorded among the land records OF
Charles county 10 Liber d. G. S No.
Q. folio asa etc, aud subsequent there,
to the said Adrian Posey conveyed the
undivided one-fourth 10 said properly
to Edward Sanders, one Of the defen.-
ants in this case, BY deed dated March
Slst, 1916, aud duly recorded among the
land records Of Charles county.
The bill charges that subsequent to
the foreclosure proceedings, some ques.
lion was raised as to whether the said
Adrian Posey was as matter Of fact
the assignee Of said mortgage. and the
mortgage notes, ard, therefore. whetb-
er the said Adrian Posey was entitl. d
TO foreelose the said mortgage. Ia this
connection, the bill alleges that the
said Adrian Posey was the owner of
aid mortgage and mortgage notes at
he time OF foreclosure, and that the
proceeds OF sale we're duly accounted
o the parties entitled thereto. but in
rider to remove airy doubt the paroles
Leslie to establish the owner hip OF
said mortgage by decree in this case.
The bill ih' describes Il e properly
is follows: All that tract, piece, part
or parcel Of land, lying and situate ip
he Fl urtli Election District Of charles
sunty, Maryland bounded on the
North by the iai DIS Of the late Robert
short and formerly Of john c. Long,
,nd Equality" ard Mount Air. farms:
on the West by the Potomac Rivet; on
\. Thompson, and "Wortla Berry,
tdrm, and on the East by the Baltimore
and Pot mae Railroad,
The bin charges that Adrian Posey,
lohn q. Land and John Ware are ali
he persons who have or could have an
n crest or estate In said property, and
nat they ali OF legal age and otherwise
ii iuris. aud that Adrian Posey and
EDWARD Sanders are residents Of
harles ouniy. Maryland, but that
l1hn Z. Lang and John Ware are non
resitents of the State OF Maryland.
The bill then charges that the Com
Jlahant is entitled to a partition of
said property, but that the said proper
ty cannot be divided without loss and
ujury to the parties interested therein.
ind that the only method by which a
partition can be made is bv sale of the
property and division of the proceeds.
It's thereupon, this 18th day of
June, in the year 1916, adiudged,
ordered and decreed by the Circuit
Court for Charles county, Maryiand
that the Plaintiff give notice to the
d e + ID is, J o III n G.. Lang
-ud John Ware, non-residents of this
State, of the object and substance of
these proceedings by causing copy of
This order to be inserted in some
news paper, published in said Charles
county, Maryland, once a week for
four successive weeks, before the
Path 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 any he may have, why
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.