The Republican. [volume] (Oakland, Md.) 1877-current, 1917-06-07

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ces Swan Brady and Hugh S. Brady, her
husband; David W. Sloan, Jr., by his guar
dian and next friend. D. Lind ey Sloan,
and Alexander Maxwell Sloan, by his guar
dian and next friend, d. Lindley Sloan.
Plaintiffs,
blaine Mining Company, a corporation;
Eliza Bowie Mackall. ana the unknown
heirs at-law of Robert swan, deceased. son
OF KCber swan. deceased, and grandson OF
General John swan, deceased, defendants.
No. 2123 Equity. in the Circuit Court for
Garrett County, Maryland.
The object of this suit is to procure a de-
cree for the sale of Military Lot No. 20. sit
uate in Garrett County Maryland ahH Tor a
distribution of the proceeds thereon among
the parties to this cause according TO their
respective rights and interests therein.
The bill states that General John swan in
MS lifetime and at the time OF MS dedth was
seized in fee Of Military Lot NO 2sS contain
ing fifty acres. more or less, situate in Ale
ganv. now Garrett county, Mary lahd, 10
which he acquired title by deea from
Thomas Rutter, United states Marshal for
the district of Maryland, by deed dated
February l.. 1913, recorded in liGer q. toio
1o4 among the Land Records OF said Ale
ganv county. a copy OF which Geed Is NEG
with the bin marked " PlsintlifS Exhibit No.
l." aud which, with all other exhibits here
matter referred to and filed herewith, Is
prayed to be taken and considerd as part
OF the bin of complaint; ana that bGlnG SO
seized. the said Gen. John swan dled IN the
year I.21. leaving a last Will. whereby he De
yised certain Of his property therein men
toned to the legatees and devisees therein
named, and whereby his four sons, bO-Wlt:
John Swan; James Swan; Robert swan ana
George Maxwell swan, as re5lduary De
yiseeS, ACQUIRED title to SAID MllJdry Lou
No 2ss a copy of said will being exhibited
with the bill; that John swan, son or Gen.
Iohn swan, died intesvate about the year
81 unmarried. without issue, leaving sur
viVing him as his only heirs at law his three
brothers above named, who. thereafter
were each entitled to an UNDIVIDED 3 IN
terest in said Military Lot No. 2>o; that
! James swan, son OF Gen. John Swan. died
about the year 1889, testate, a copy Of his
last will being exhibited with the bill,
whereby he devised his undivided 5 interest
in said Lot to his son, John Swan, p; to his
daughter. Anna Elizabeth, s ; and to the
children of his deceased daughter, Ellen, , !;
that subsequently, by deed dated IuEe 25,
1s77 the heirs and devisees Of said James
swan convened their undivided 9 interest
In said Lot to Manor Mining y Manufactur-
ing Company. and that ny deed dated De
cemher Il. 1896. said Manor Mining Manu-
featuring Company conveyed all its Inter est
in said Lot to Thomas B. DAVIS. Jr., ana
Joseph F.. Davis. and by deed dated Septem-
Der go 1905 said Thomas b. Davis, Jr.. and
Joseph F.. Davis conveyed all their interest
in said Lot to the defendant, Blaine Mining
Company. whereby said defendant acquired
an undivided interest in said Military Lot
No, 2,>, copies of said deed being fled with
the bin a exhibits in this cause: that Robert
swan, son of General John swan, departed
this life about the year 1885, leaving a VIII
whereby all his property was left in trust to
the trustees therein named Tor the use and
benefit OF his idow. long since deceased.
and his three sons John, Charles and RO-
bert a copy OF said Will being exhibited
with the bill: that the said Charles swan
| died intestate, unmarried and without is
sue about the year 1850; that the said Robert
Swan son of Robert died inteState about
the Year so leaving widow, Kate swan.
now deceased, and daughter, lille swan,
who died about the wear 1901, leaving VIII,
whereby Christiana ;. Mackenzie as her resi-
duary deVisee. became entitled to the in
terest OF the said Willie Swan in SAID Lot.
tO-wit an undivided ] thereof. and that
the said ChriStiana ;. Mack nZie died about
the year 1906 leaving a Will. whereby her
daughter Eliza Bowie Mackan. one of the
defendants to this suit. as her residuary de
Visee, became entitled to said one undivided
Is interest in said Military Lot No 2-N.
copies OF the wills OF said Willie Swan ami
ChrlStiana :. Mackenzie being exhibited
with the bin: that the allowed named Robert
swan. son Of Robert, and grandson OF Gen
eral John swan, many wears ago removed
to the State of California, and their died,
hut whether testate or inteSta'e, married or
unmarried, is to the plaintiffs unknown, en-
titled to an undivided l-6 interest in said
Lot. his unknown heirs at law being defen-
dantS in this case: that George Maxwell
swan. son of General John swan, died about
the year ISIS, ntestate. leaving as his sole
heir al law a daughter. Mary f. F. swan,
who became the wife of Alexander {. Good.
and died in tn year l,.5, leaving viii
a
husband, the said Alexander c. Good: that
the said Alexander c. Good died about the
year l4l5. intestate, leaving surviving him,
aS his only heirs at law a son, Maxwell :.
Good a daughter. Jessie b. Reveley, inter-
married with Albert ReVeleY. and
daughter, Mary Lamar sloan, widow OF
David W. Sloan who died on the 5uth day or
December, 1914 leaving surviving her as her
heirs at law daughter. Margaret NJ.
Sloan. unmarried and Of full age; daugh-
ter. Frances swan 81 adv. Of fun age, inter
VVf... Il 80, r.rHt DYsaEf IA ID
W. Sloan, Jr.. under the age or y Years
and a son. Alexander Maxwell sloan, under
he age of p wears. both OF whom sue by
their guardian and next friend. d. L1ndleY
sloan. the said Maxwell 5 Good; Jessie b
Reveley: Margaret NJ. Sloan: Frances Swan
Brady; David W. Sloan, Jr., and Alexander
Maxwell sloan. the plaintiffs In this case
having one undivided one third interest
i'm and to said Military Lot No 2-~, a copy of
the viii OF said Mary f. #. Good being eX-
hibited with the bin.
Tie bill further charges. that the said
Military Lot No. rs, located in Garrett
County Maryland. is not susceptible OF par
tition among the parties interested therein,
without material loss and injury. ana that
10 viii he for the benefit and advantage of
all the parties interested therein, and es
pecially TO the interest of said infant plain
tins to have the said property sold and the
proceeds distributed to the parties to this
suit. according to their respective rights and
interests therein. and then prays Tor de
cree for the sale OF said land. and for gener-
PENDANT, Eliza Bowie Mackan; and for an
order of publication against Blaine Mining
Company. corporation, non resident OF the
state of Maryland, and also against the un-
known heirs t-law of Robert Swan. de-
ceased, and grandson of General } ohn Swan.
deceased. who are non residents OF the
state of Maryland, giving them notice OF the
object and substance of this bill of com
paint, and warning them to be and appear
in this Court, either in person or by solicitor
upon day certain to be named therein. !
and answer the premises, and abide by and
perform such decree as may be passed
thereon.
1t is thereupon, this 30th day of MAY. 1877, |
by the Circuit Court for Garrett County. |
sitting in Equity ordered that the plaintiffs
by causing copy of this order to be insert |
ed in some newspaper published in Garrett |
County. Maryland, once in each of four sue |
cessive weeks before the 30th day of June, !
1917, give notice to the said absent de /
PENDANTS of the object and substance of this |
Dill, warning the m to appear in this Court |
in person or by solicitor, on or before the !
18th day of July, next. to show cause, |
if any they have, why a decree ought not be |
passed as prayed.
E. 2. TOWER, Clerk.
True copy, Test:
E. z. TOWER. Clerk.