The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-04-04
Order Of Publication.
no. lao2 EQUITY.

In the Circuit Court for Carroll County a,
ting az Court Of Equity.
Charles b. Roberts, Guardian Of Absalom II
Bowersox, vs.. Michael Byers, David II
Bycrs and Wife, Joseph Byers, William I;
Rinehart, Emanuel d. Keller.
HNHE object Of this suit is to procure a ds.
n cree TO annul and set aside pretended
sale Of certain real estate aud personal pron'
erty in Carroll county, in the State Of Mary.
land, which the said Michael Byers conveyed
70 the said David II. Byers, son Of said
Michael, by deed bearing date the twenty.fflh
day of October, 1878; and also 10 annul and
set aside certain mortgages Of said real estate
executed without any valuable consideration
by the said David II. Byers and wife, contem,
poraneously 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 Both day Of Jan.
uary, 1865, a certain John q. 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.
els A. Wampler, as the securities thereon, and
that the said John @. Byers is resident Of
the State Of Pennsylvania, and has been ali.
judged bankrupt by the District Court ~
the United States, for the Eastern District az
Pennsylvania.
The bill further states that subsequently.
to wit, on the 23d day Of June, 1873, tbe
said Orphans Court revoked said Guardian.
ship Of said John @. 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 If
said bond, were Jointly and severally bound
TO the State Of Maryland in the sum Of eight
thousand dollars, and that said Wampler Il
totally unable to pay the said bond or any
part thereof.
The Bill further states, that the said John
g. Byers, as Guardian aforesaid, did, on the
nth 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 to 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, one Of the securities
on the said Guardian Bond Of the said John
q. Byers, as aforesaid, and jointly bound with
him and the said wampler, for the payment
Of said sum of four Thousand seven hundred
and forty.eight dollars and twenty-five cents.
so due and owing TO the said Absalom II
Bowersox, as aforesaid, and being Jointly and
severally liable for the payment thereof, did
on the 18th day Of October, in the year 1874.
by his deed Of that date, duly executed, nc,
knowledged and delivered, grant unto said
David Ii. Byers, his son, of said State and
County, all his real estate of every kind. 10.
gether with the buildings, improvements and
aPpurtenances thereto belonging, or in any
wise appertaining, and all the crops growing
thereon, and oil corn on the stock, and all tho
grain in the barns, or granaries on said prem
Uses, or any partthere 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 six
hundred and seyenty.three dollars and 6fty
cents, was pretended and false, and that the
said sum was not nor was any part thereof paid
by the said David II. Byers, TO the said Mi.
chael, and that the said deed was made, exc.
cuted, acknowledged and delivered, with the
view and inten, TO cheat and defrand, hinder
and delay the creditors Of the said Michael
Byers in the collection of their just claims and
againsthim due and owing, and especially
that OF the accomplishment in this cause. Andthe
bill further states that on the day and date ofthe
said deed from said Michael to the said David
r. Byers and eontemporaneously Herewith,
the said David ii. Byers, his wife, Anna MARY
Byers, uniting therein, executed. acknowlede.
ed and delivered three several mortgages az
the aforesaid lands and premises, conveyed
By the said Michael Byers to the said David
IL. Byers, viz; One mortgage to his brother.
Joseph Byers, for the pretended and express.
ed consideration Of $3b77.6l one to William,
u. hinehart, his brother-in-law, for the pre-.
tended and expressed consideration of S355S.
6l and another bearing the same day and
date, to Emanuel ID. Keller, his bro,her.in.
law, who resides in Adams county, Pennsyl.
yana, also for the pretended and expressed
consideration Of $2203.6s. Said bill further
states that the said three several mortgages
TO the parties hereinaboye named, were made.
executed, acknowledged and delivered Inv The
said David ii. Byers and wife, with the view
and intent TO 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
H. Byers and wife, Joseph Byers, William G.
hinehart and Emanuel ID. Keller combined
and conspired together, each and every one
Of them, for the purpose of cheating, defraud.
ing, hinderlng and delaying the creditors of
the said Michael Byers, and especially 10
cheat, deiradd, 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 OF them, the benefciaries Of the estate
Of the said Michael at the expense and loss OF
his creditors, and especially the complainant
in this suit.
1t Is thereupon adjudged and ordered that
the complainant by causing copy of this
order to be inserted in some newspaper pub.
iished in Carroll county, Maryland, once IN
each OF four successive weeks before the first
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 10
appear in this Court in person or BY solicitor,
on or before the second Monday of May next,
70 answer the premises and show cause, il any
he has, why decree ought not to pass as
prayed.
FRANK T. SHAW, Clerk.
True copy,-Test;
an At FRlxK n gu.w CtarL