The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-04-25

~ f1H< H,tNiA -
n the Circuit caprt for Curroll County sils
ting rs Court Of Equity
Charles B. Roberts, Guardian Of Abshlons Il.
Borefsox, IS: Michael hyufs. David Z
Byars aud Wife, Joseph Byers. William q
hinehart, Emanuel y. Keller
TIME object Of this suit Il to procure 4 d..
- cree 10 annul and set aside pretended
sale OF certain real estate and personal prop
erty IN Carroll county, ia the State Of HafV.
land, which the said Michne Byers conveyed
70 the said David II. Bycrs, asson Of aid
Michael, BY deed bearing date the twenty .filih
DAY Of October, 1878; and also to annul and
SCI aside certain mortgages Of said real estate,
executed without any valuable consideration.
by the said David ii, Byers and wife. confeu,.
poraneously with the execution Of said deed
by the said Michael Byers to The said David
n. Byers, as hereinafter stated.
The bill states that on the Both day OF Jan
unry, 1860, certain John g. Byers was duly
appointed BY the Orphans Court Of Carroll
county rs Guardian 10 Absalom II Bower.
sox, and that the said John eli Byers. a. sucb
Guardian, executed bis bond to fhe state ~
Maryland with said Michael Byers, and Fran.
CHS A. Nampler, as the securities thereon. and
that the said John 9. Byers is a resident of
the State Of Pennsylvania, and has been adj.
Judged bankrupt by the District Court OF
The United States, for the Eastern District of
Pennsylvania.
The bill further states that subseouentlv.
to wit, on the I'D day Of June, 1873. he
said Orphans Court revoked said Guardian.
ship OF said John g. Byers, and appointed
Charles u. Roberts, in place and instead Of
SAID John y. Byers, and that said Michael
Dyefs ana Francis A. Wampler, by virtue Of
said bond, were jointly and seyera!ly hound
70 the State Of Maryland in the sum Of EIGHT
thousand dollars, and that said Wampler i
totally unable to pay the said bond Or any
part thereof
The Bill further states, that the said John
q. Byers, as Guardian aforesaid. did on fho
18th day Of March, A. d. 1873, settle n he
Orphans Court Of Carroll county, hia second
account, whereby it appears that there Is due
and owing to the said Absalom H. Bowersox.
the sum Of four thousand, seven hundred and
ioFty-eight dollars andtweniy-five cents; and
mat sald Michael byers, one Of the securities
on the SAID Guardian Bond of the said John
y. 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.
50 due and owing to the said Absalom hi
Dowersox, as aforesaid, and being jointly and
seyerally liable for the payment thereof. ala
on the 10th day OF October, in the year 1873.
by his deed Of that date, duly executed. az.
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 npperialning, and all the croIs growing
thereon, and all corn on the stock, and all tho
gram IN the barns, or granaries on said prem.
ises, 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 six
hundred and seyenly-three doilars and fifty
cents, was pretended and false. and that the
sand sum was not norwas any part thereof paid
/ by the said David II. Byers, 10 the said MI
chaeli and that tho said deed was made. exc
cuted, acknowledged and delivered, with the
view and intent to cheat and defraud, hinder
and delay the creditors Of the said Michael
byers iIhthe collection oftheir Just claims and
Aebts against HIM due and owing, aud especially
that OF the onplainanti in this cause. Andthe
ball further states that on the day and date ofthe
said deed from said Michael to the said David
II. Byers and contemporaneously herewith.
The SAID David h. Byers, his wife, Anna MARY
byers, uniting therein, executed, acknowledge.
ed ana delivered three several mortgages 81
the aforesaid lands aud premises, CONVEYED
by the said Michael Byers 10 the said David
II. Byers, viz: One mortgage TO his brother
Joseph byers, for the pretended aud express,
ed consideration of SSD77.61 one TO NJ lillian
q. hinehart, his brother-in- law, for the pre.
tended and expressed consideration Of sSb5S.
u 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
Il Inn M O.
states that the said three several MORTGAGE,
to the parties hereinabove named, were made,
executed, acknowledged and delivered by the
said David IL. Byers and wife, with the view
and intent to cheat and deiraud, hinder and
delay the creditors Of the said Michael Bveri
from the collection Of their Just claims anc
debts and that the said Michael Byers. Davif
II. Byers and wife, Joseph Byers, William @
Rinehart and Emanuel ID. Keller combined
aad conspired together, each aud every on,
OF them, for the purpose of cheating, defrand
ing, hlndering and delaying the creditors o
the said Michaei Byers, and especially I,
cheat, deirand, hinder and delay the com
plainant In this suit, and to make the childrer
and heirs at law Of the said Michael Byers, Of
some OF Them, the beneiiciaries OF the estate
of the said Michael at the expense and loss q
his creditors, and especially the complainant
in this suit
1t is thereupon adjudged and ordered thai
thu, complainant BY causing a copy Of thi.
order to be inserted in some newspaper pub
lished in Carroll county, Maryland, once IN
each OF four successive weeks before the 18th
day OF May next, give notice to the said absen,
defendant, Emanuel d. Keller, Of the obiec,
and substance Of this bill, and warn him, &
appear IN this Court in person d, by solicitor
on or before thefourth Monday Of August next
to answer the premises and show cause, if an,
he has, why decree ought not to pass a.
prayed.
FRANK 7. SHAW, CLERK.
True eopy,-Test:
ap 1871 FRAxK L. SHAW. Clerk