The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-04-18
Order Of Publication.

u
In the Circuit Court for Carroll County at.
ting as Court Of Equity.
Charles b. Roberts, Guardian ef Absalorn II
Bowersox, VS.. Michael Byers, David H
Byers and Wife, Joseph Byers. William q.
Rinehart, Emanuel b. Keller.
HfHE object Of this suit is,to procure de-
4 cree to Rnnul aud get aside a pretended
sale OF certain real estate and personal prop.
erty In Carroll county, in the State OF Mary.
land, which the said Michael Byers conyeyed
to the said David II. Byers, son Of said
Michael, by deed hearing date the twenty. fifth
day OF October, 1873; and also TO annul and
set ASIDE certain mortgages OF said real estate.
executed without any valuable consideration.
BY the said David II. Byers and wife, contem.
poraneousy with the execution Of said deed
by the said Michael Byers TO the said David
II. Byers, as hereinafter stated.
The bill states that on the 30th day Of Jan.
uary, 1865, certain John G. Byers was duly
appointed by the Orphans Court Of Carroll
county as Guardian to Absalom II. Bower.
sox, and that the said John G. Byers, as such
Guardian, executed his bond TO the State of
Maryland with said Michael Byers, and Fran.
eis A; Wampler, as the securities thereon, and
that the said John G.. Byers is resident Of
the State of Pennsylvania, and has been ad
Judged bankrupt by the District Court Of
the United States, for the Eastern District of
Pennsylvania
The bill further states that subsequently.
to wit, on the 23d day Of June, 1873, the
said Orphans Court revoked said Guardian.
ship Of said John 6. Byers, and appointed
Charles d. Roberts, in place and instead Of
said John q. Byers, and that said Michael
byers and Francis A. Wampler, by virtue Of
said bond, were jointly and severa!ly bound
to the State Of Maryland in the sum Of eight
thousand dollars, and that said Wampler is
totally unable to pay the said bond or any
part thereof.
The Bill further states, that the said John
U. Byers, as Guardian aforesaid, did. on the
lIth day of March, A. ID. 1873, settle In the
Orphans Court Of Carroll county, his second
account, whereby It appears that there Is due
and owing 10 the said Absalom H. Bowersox
the sum Of four thousand, seven hundred and
torty'eight dollars and twenty-five cents, and
that said Michael Byers. one of the securities
on the said Guardian Bond Of the said John
y. Byers, as aforesaid, and jointly bound with
MN and the said Wampler, for the payment
oil sad sum OF four thousand seven hundred
and forty eight dollars and twenty-five cents,
SO due and owing TO the said Absalom H.
Bowersox, as aforesaid, and being Jointly and
seyerally liable for the payment thereof, ala
on the 18th day Of October, in the year 1873
by his deed Of that date, duly executed, ac
knowledged and delivered, grant unto said
David ii. Byers, his son, of said State and
County, all his real estate of every kind, to.
gether with the buildings, improvements and
appurtenances thereto belonging, or in any
WISE appertainlng, and all the crops growing
thereon, and all corr on the stock, and all the
gram IN the barns, or granaries on said prem.
ises, or any part thereof, and that the said deed
from the said Michael to the said David II
Byers, his son, was made without valuable
consideration, and that the pretended and ex.
pressed consideration of eleven thousand sir
hundred and seyenty-three dollars and fifty
cents, was pretended and false, aud that the
said sum was not nor was any part thereof paid
by the said David II. Byers, to the said Nj
chael, and that the said deed was made, exc.
cnted, acknowledged and delivered, with the
view and intent TO cheat and defraud, hinder
and delay the creditors of the said Michael
Byers in the collection oftheir just claims and
debts againsthm due aud owing, and especially
!nat OF the onplalnant IN this cause. And the
bill further states that on the day and date ofthe
said deed from said Michael TO the said David
IL. Byers and contempornneously Herewith,
the said David II. Byers, his wife, Anna MARY
Byers, uniting therein, executed, acknowledc.
ed and delivered three several mortgages ~
the aforesaid lands and premises, conveyed
by the said Michael Byers to the said David
II. Byers, viz; One mortgage to his brother.
Joseph byers, for the pretended and express.
ed consideration Of S3677.6l; one to William
u hinehart, his brother-in-law, for the pre-
tended and expressed consideration of S355S.
u and another bearing the same day and
date, to Emanuel ID. Keller, his brother-in.
law, who resides in Adams county, Peunsyl.
vania, also for the pretended and expressed
consideration Of $2203.6 S. Said bill further
states that the said three several mortgages
to the parties hereinaboye named, were made.
executed, acknowledged and delivered by the
said David II. Byers and wife, with the view
and intent 10 cheat and defraud, hinder and
delay the creditors of the said Michael Byers
| from the collection of their Just claims and
debts and that the said Michael Byers, David
II. Byers and wife, Joseph Byers, William G..
Rinehart and Emanuel ID. Keller combined
and conspired together, each and every one
OF them, TOR the purpose Of cheating, defraud.
ing, hindering and delaying the creditors Of
the said Michael Byers, and especially to
cheat, defraud, hinder and delay the com.
plainant in this suit, and to make the children
and heirs at law Of the said Michael Byers, or
SOME VI tnenj the Denenclnr1es OF the estate
Of the said Michael at the expense and loss Of
his creditors, and especially the complainant
in this suit.
Ii is thereupon adjudged and ordered that
the complainant by causing a copy Of this
order to be inserted IN some newspaper pub.
lished in Carroll county, Maryland, once ia,
each Of four successive weeks before the 18th
day Of May next, give notice to the said absent
defendant, Emanuel ID. Keller, of the object
and substance of this bill, and warn him to
appear in this Court in person or by solicitor.
on or before the fourth Monday Of August ne 1t.
to answer the premises and show cause, If any
he has, why decree ought not to pass as
prayed.
FRANK T. SHAW, Clerk.
True copy,-Test:
ap ls-4t FRANK t. SHAW, Clerk.