The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-05-09
Order Of Publication.
so. 1852 EQUITY.


In the Circuit Court for Carroll County ST.
ting ash Court Of Equity
Charles u. Kol,rrts. Grnrdiun 81 4 llsaIenl n /.
BoweFsox, y. Michael Byas., David Il /.
BSers and Wife. Joseph Byets William q.
Riuchari, Emmanuel y. Keller.
FEsllE object of this suit = 10 pfocnse De-
\ cree 70 anuui aud set aside pretended
sale Of certain real estate and personal prop.
ery ~ carroll county, IN the State Of Mary
land, which the said Michael Byer, conveyed
g Che said David II. Bycrs. sion Of said
Michael. bS deed bearing date the twenly-fifih
day 81 October, 1873; and also To nnnnl and
set aside certain mortgages Of said real estate,
executed without any valuable ennsiderntion'
by the said David H. Byers and wife, contem-
poraneously with the execution Of said deed
by the said Michael Byers 10 the said David
II. Byers, as hereinafter stated.
The bill states that on the 30th day o. Jan
nary, 1865, certain John q. Byers was duly
appointed by the Orphans Court Of Carroll
county as Guardian 10 Absalom II Bower
sox, and that the said John G. Byers, as such
Guardian, executed bis bond TO the. State Of
Maryland with said Michael Byers, and Fran.
chs A. Nampler, as the securities thereon, and
that the said John g. Byers is a resident Of
the State of Pennsylvania, and has been nd
judged a 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, he
said Orphans Court revoked said Guardian.
ship Of said John G. Byers, and appointed
Charles y. Roberts, in place and instead of
said John q. Byers, and that said Michael
Byers and Francis A. Wampcr, by virtue Of
said bond, were jointly and sevenllly bound
to the State Of Maryland in the sum Of eight
thousand dollars, and that said Wampler 4
totally unable to pay the said bond or any
part thereof
The Bill further states, that the said John
Z. Byers, as Guardian aforesaid, did, on the
18th day Of March, A. d. 1873, settle in the
Orphans Court Of Carroll county, his second
account, whereby il appears that there IS due
and owing 10 the said Absalom II. Bowersox,
the sum Of -four thousand, seven hundred and
forty eight dollars and twenty-five cents, and
that said Michael Byers, oGo If the securities
on the said Guardian Bond Of the said John
q. Byers, as aforesaid, and Jointly bound with
him and the said Wampcr, for the payment
OF said sum of four thousand seven hundred
aud iorty-eight dollars and twenty-five cents.
50 due and owing to the said Absalom II.
Bowersox, as aforesaid, and being Jointly and
seYerally liable for the payment thereof, did
on the 18th day Of October, in the year 1873.
by bis deed Of that late, duly executed, ac-
knowledged aud delivered, grant unto said
David II. Byers, his son, Of said State and
County, oil his real estate Of every kind, to-
geiher with the buildings, improvements and
appurienances thereto belonging. or In any
wise appertaining, and all tho crops growing
thereon, aud all corn on the stock, and all the
the lurpn nv -. 4
ises, or any partthereof, and that the said deed
from the said Michael to the said David H
Byers, his son, was made without valuable
consideration, and that the pretended and ex.
pressed consideration OF eleven thousand six
hundred and seyenty-thrce dollars and ffty
cents, was pretended and false, and that the
SAID sum was not nor was any part thereof paid
by the said David IL. Byers, 10 the said Mi
chael, and that the said deed was made, exc.
cutedi 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 ofther Just claifns and
debts againsthim due and owing, and especially
that Of the co complainant In this cause. Andthe
bill further states that on the day and date ofthe
Z said deed from said Michael to the said David
II. Byers and eontemporaneously Herewith,
the said David II. Byers, his wife, Anna MARI
byers, uniting therein, executed, acknowledg.
ed and delivered three several mortgages 81
the aforesaid lands and premises, convened
by the said Michael Byers to the said David
II. Byers, viz; One mortgage to his brother,
Joseph Byers, for the pretended and express,
1 ed consideration of SS677.6l, one to William
G. Rinehari, his brother-in-law, for the pre.
tended and expressed consideration Of $355s..
0l and another bearing the same day and
date, to Emanuel ID. Keller his brother.in.
law, who resides in Adams county, Pennsyl.
yania, also for the pretended and expressed
/ consideration Of S2209GS. Said bill 'fnrthe,
states that the said three several mortgage,
/ to the parties hereinabove named. were made
executed, acknowledged and delivered bv tho
said David II. Byers aud wife, with the vies
and intent 10 cheat and defraud, hinder and
delay the creditors Of the said Michael Byer.
/ from the collection of their Just claims auc
debts and that the said Michael Byers, Davit
I ii. Byers and wife, Joseph Bycrs, William G.
hinchart and Emanuel d. Keller combined
and conspired together, each and every one
OF them, Tor the purpose of cheating, defrand
ing, hindering and delaying the creditors o
| the said Michael Byers, and especially tc
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. q,
some Of them, the benefciaries of the estate
Of the said Michael at the expense and loss D
his creditors, and especially the complainant
| in this suit
1t is thereupon adjudged aud ordered thai
the complainant by causing n copy Of thi.
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 d. Keller, of the Object
and substance of this bill, and warn him q
appear in this Court in person or by solicitor,
on or before the fourth Monday Of August next
TO answer the premises and show cause. if an,
be has, why decree ought not to pass al
prayed.
FRANK T. SHAW, Clerk.
True copy,-Test;
ap ls-it Frank T. SHAW, Clerk.