Page:The Green Bag (1889–1914), Volume 06.pdf/596

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April 8

Order of sale.

REBECCA ROUNDUP,

RHILO PEUGGLES,

Plaintiff, JOHN JAWKINS, Plff's Sol'r.

3 ROBERT ROUHBUP, MARY ROUIDUP and PHOEBE ROUKBUP. t 5 an 1Jrrr*-

Referee, TO

RICHARB JONES.



Referee's Deed. Dated Juno 1, 1869. Recorded June a, 1869. Liber 827 of Cons. p. 1. Consideration $10.00.

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1868

Complaint and lis pendens filed. Tan'y 2 Complaint alleges death of Robert Roundup, September 16, 1867, intestate, seized of the mule in question, leaving plaintiff and the defendants his only heirsat-law and next-of-kin; that by the death of Robert Roundup the plaintiff became seized in fee simple of an undivided onethird interest in mule, and the defendants each became seized in fee simple of an undivided two-ninths interest therein. Prays for partition of mule and for the appoint ment in the meantime of a Receiver of the rents, issues and profits thereof.

RICHARB I0IES, Unmarried, TO

PHILIP SYSBECm

MORTGAGE. Dated May 17, 1871. Recorded May 18, 1871. Liber 941, of Morts. p. 9. To secure $15.76.

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Covers that portion of the mule in ques tion colored black on the following diagram.



Joint and several answer of defendants. Denies none of the

material allegations of the complaint. Order of reference to Rhilo PhugMarch 14 gles, Esq., to take proof of plaintiff's title and interest in the mule, and to ascertain and report the rights, shares and interests of the several defendants therein, and an abstract of the conveyances by which the same are held; also to ascertain and report whether the mule, or any part thereof, is so situated that an actual partition thereof can not be made without prejudice to the parties in interest (including the mule), and if he arrive at the conclusion that a sale of the mule is necessary, that he specify the same in his report; also to ascertain and report whether the mule should be sold as an entirety or in parcels, together with reasons which render a sale necessary. March 30

Recites proceedings in partition suit above set forth. Conveys mule in question. Habendum in fee. Richard Jones thus became seized of the mule in question. He made the following mortgage : —

Referee's report filed.

Decree. Finds plaintiffs and de fendants respectively seized of mule, as alleged in the complaint, and that the mule should be sold in one parcel.

This mortgage was subsequently fore closed (by the mule) as shown on the following diagram : —