Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1940-04-04
ROBERT PETER,
Solicitor for Plaintiffs.
Order of
Publication
Rosie B. Counselman and Franz
Counselman, her husband N
Plaintiffs,

Embrey and Lottie Embrey b;:.
wife, Mary L. Thomnson
Thomas & Company, a corpora
tom Lewis Reed and Edpar
Reed, Benjamin F. Embrev and
Mary E. Embrey, his wife
Mary E. Clark and Andrew
Clark, her husband, Harold
Magruder and BERTHE Warron
Thompson.
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 1914 Equity.
The object of this suit is to prO.
cure the sale of certain real estate
of which Milton F. Embrey died
seized and to divide the proceeds
among the parties according to
their respective interests and for
general relief.
! The bill in substances states.
That Milton F. Embrey, late of
Montgomery County, State of
Maryland, deceased, was in his
lifetime and at the time of his
death, seized and possessed of
several parcels of land situate in
Montgomery County, State of
Maryland, containing in the aggre-
gate thirty (30) acres of land,
more Or less, and being So seizad
of said land departed this life
during the year 1924, intestate
and leaving surviving him as his
only heirs at law and next of
kin: (a) Mary E. Embrey, his
widow, who departed this life on
the 9Th day of December, A. D.
1888, intestate; (b) Benjamin F.
Embrey who married certain
Mary E. Embrey, and both of
whom reside in Anne Arundel
County, State of Maryland; (c)
Noble B. Embrey, unmarried, who
resides in said Montgomery Coun.
ty, State of Maryland; (d)
Harry V. Embrey, who married
Lottie Enlbrey, and both of whom
reside in said Montgomery Coun-
ty; (e) Mary E. Clark, who mar
ried Andrew I. Clark, and both
of whom reside in the District of
Columbia, and are non-residents
of the State of Maryland; (f)
Rosie B. Counselman, who mar
ried Frank Counselman and both
of whom reside in said Montgom-
cry County, State of Maryland;
(g) Mary L. Thompson, who mar
ried a certain BERTHE Warren
Thompson, and Harold E. Ma
gruder, unmarried, the two chill
dren of Margaret l.. Magruder,
daughter of the said Milton F.
Embrey and Mary E. Embrey,
and who departed this life in 1911.
That the only heirs at law and
next of kin of the said Mary E.
Embrey are the same as those
just preceding. That the said
Mary L. Thompson is a resident
of said Montgomery County, State
of Maryland; that the said Har-
old E. Magruder is a resident of
the District of Columbia and is
nonresident of the State of Mary
land; that the said BERTHE War
rem Thompson is nonresident of
the State of Maryland and his
place of residence is unknown.
That said real estate is not sus-
ceptible of partition without ma
terial loss and injury to the par
ties entitled to interest therein as
above stated, and in order to
make division of said interests,
it is necessary that said real
estate me sold and the proceeds
divided among the parties accord
ing to their several interests.
That Lewis Reed and Edgar
Reed, co-partners, trading as Reed
Brothers, recovered a judgment
against the said Harry V. Embrey
in the Circuit Court for Montgom-
cry County in No. 263 Trials,
November Term 1881, in the sum
of $267.76, with interest and
costs and attorneys fees. That
Thomas & Company, corpora
ton, on September %, 1882, re-
covered Judgment against said
Mary E. Embrey, Harry V. EN-
brey and Lottie Embrey, in the
Circuit Court for Montgomery
County, in No. 314 Trials, June
Term, 1882, in the sum of $451.5S
with interest and costs and attor-
ney's fees. That Thomas & Com
pany, corporation, on September
%, 1882, recovered a judgment
against said Harry V. Embrey
and Lottie En1brey, in the Circuit
Court for Montgomery County, in
No. 3l3 Trials, June Term, 1882,
in the sum of $237.52, with inter
est and costs and attorneys fees
That the said Thomas & Company
is corporation having it's prin.
cipal place of business in said
Montgomery County and the said
Lewis Reed and Edgar Reed are
residents of said Montgomery
County.
The bill then prays that de-
cree may be passed for the sale
of said real estate and the pro-
ceeds distributed among the par
ties according to their respective
rights and interests and for fur
ther relief.
1t is thereupon, this 9th day OF
March, A. D. 1910, ordered by the
Circuit Court for Montgomery
County, as Court of Equity
that the plaintiffs, by causing {,
copy of this order to be inserted
in some newspaper, published IN
said Montgomery County, once in
each of four successive weeks be-