The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-05-09
Order Of Duplication.
40. l4e2 EQUITY,

In the Circuit Court for Carroll County sit-
ting as coaT, Of EqHity
Charles u. Rolicrls. Gerrdinn Of Absalon n
Bowersox, -. Michael Byers. David Il
Byers and Wife. JDscph Byefs William q.
Rineharl, Emanuel b. Keller
TIME object Of this snit ) 70 pfocnre De
4 cree to auhul aud sci aside pretended
sale Of cerinin real estate and persona prop.
eriy IN Carroll county, ia The State OF Nary.
land; which the said Michael lIyers convened
20 The said David II. Byers, son Of said
Michael, hy deed bearing date the t@eniy-iiifh
day Of October, 1875 and also 70 nnnul and
set aside certain mortgages Of said real estate,
executed without any valuable consideration,
by the said David u. Byers and wife, eoniem.
poraneously with the execution Of said deed
by the said Michael Byers to the snid David
II. Byers, as hereinafter stated.
The bill states that OH the 30th day of Jan.
uary, 1865, certain John g. Byers was dply
appointed by the Orphans Court OF Carroll
county rs Guardian to Absalom H. Bower
sox, and that the said John @. Byers. as such
Guardian, executed bis bond 10 the. State OF
Maryland with said Michael Byers and Fran.
els A. Nampler, as the securities thereon, and
that the said John G. Byers is 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 b. 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
10 the State Of Maryland in the sum Of eight
thousand dollars, and that said Wampler /.
totally unable to pay the said bond or any
part thereof.
4 The Bill further states, that the said John
/ q. Byers, as Guardian aforesaid. did. ON thf
l 18th day Of March, A. d. 1873, settle in the
+ Orphans Court Of Carroll county, his second
account, whereby it appears that there is due
and owing TO the said Absalom II. Bowersox,
the sum Of fonr thousand, seven hundred and
forty eight dollars and twenty-five cents, and
that said Michael Byers, one Of the securities
on the said Guardian Bond Of the said JOIN
q. Byers, as aforesaid, and Jointly bound will
him and the said Wampler, for the payment
OF sind sum Of four thousand seven hundrec
and torty-eight dollars and twenty-five cents
so due and owing to the said Absalom Ii
Bowersox, as aforesaid, and being Jointly ant
seyerally liable for the payment thereof. dit
on the 18th day Of October, in the year 1879
by his deed of that cate, duly executed, &c
knowledged and delivered, grant unto sal,
David ii. Byers, his son, of said State AM
County, all his real estate Of every kind, TO
gether with the buildings, improvements an,
appurtenanees thereto belonging or In an
wise appertaining, and oil the crops CROWN
thereon, aad all corn on the stock, and all III
grain IN the barns or granaries on said prem
lses, or any partthereof, and that the said dee
from the said Michael to the said David II
Byers, his son, was made without valuabl
consideration, and that the pretended and ex
pressed consideration Of eleven thousand 81
hundred and seventy-three dollars and fit
cents, was pretended and false. and that III
! SAID sum was not nor was any part thereof PAL
by the said David II. Byers, TO the said Nj
ehael, and that the said deed was made, exc
} cnted, acknowledged and delivered, with th
view and intent to cheat and defraud. hinde
and delay the creditors Of the said Micha,
Byers in the collection oftheir just claims an
debtsagainst him due and owing, and especial
that OF the co nplainant In this cause. Andth
bill further states that on the day and date oftt
said deed from said Michael TO the said Dayi
II. Byers and eontemporaneously therewitl
the said David II. Byefs, his wife, Anna MAJ
Byers, uniting therein, executed, acknowledl
, ed and delivered three several mortgages
the aforesaid lands and premises, convene
by the said Michael Byers to the said Davi
n. Byers, viz; One mortgage to his brothe
| Joseph Byers, for the pretended and express
| ed consideration OF S3B77.Gl one to WilliaI
u. Kinehart, his br0ther-in-law, for the pr
tended and expressed consideration Of S355S
81 and another bearing the same day an
date, to Emanuel ID. Keller, his brother.il
5 law, who resides in Adams county, Pennsy
yania, also for the pretended and espresso
consideration Of S2203. GS. Said bill fnrth,
states that the said three several mortgag,
to the parties hereinaboye named. were mad
executed, acknowledged aud delivered by Il
said David ii. Byers and wife, with the vie
and intent 10 cheat and defraud, hinder an
delay the creditors OF the said Michael Bye
from the collection Of their just claims al
debts and that the said Michael Byers. Dav
II. Byers and wife, Joseph Byers, William {
Rinehart and Emanuel d. Keller comhin,
! and conspired together, each and every OF
OF them, for the purpose Of cheating, defrau
ing, hindeTlng and delaying the creditors
the said Miehnel Byers, and especially
cheat, defraud, hinder and delay the cor
plainant IN this suit and to make the childr,
= s,,d heirs at law Of the said Michael Byers,
seine Of them, the bcnefciaries Of the esta
Of the said Michael at the expense and loss
. his creditors, and especially the complainaI
in this suit.
1t is thereupon adjudged and ordered tn
Q the complainant by causing copy of tn
order TO be inserted in some newspaper pu
lished in Carroll county, Maryland, once
. each Of four successive weeks before the Is
day OF May next, give notice TO the said abse
defendant, Emanuel d. Keller, OF the obje
!, and substance Of this bill, and warn him
appear in this Court in person or by solicto
on or before the fourth Monday Of August mex
to answer the premises and show cause, if a,
he has, why decree ought not to pass
, prayed.
FRANK 7. SHAW, Clerk.
True copy,--Test:
ap ia, FRANK 7. SHAW, Clerk.