The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-04-11
order Of Publication.
NO. llaq EQUITY,

- ~ @NFAtt AHhth lbA AdlfOlt AbNHt1 EIlr
ting as Court Of Equity.
Charles b. Roberts, Guardian Of Absalom II.
Bowersox, ys. Michael Bycrs, David II.
isyers and Wife, Joseph Byers. William g.
Rineharl, Emanuel ID. Keller.
TNHE object Of this suit i 10 procure Dc.
4 cree 10 annul and SET aside pretended
sale vi certain real estate and personal prop.
erty in Carroll county. IN the State Of Mary
land, which the said Michael Byers conveyed
to the said David II Byers, \ son Of said
Michael, By deed bearing date the tweniy.0fih
day OF October, 1873; aud 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.
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 30th day Of Jan.
nary, 1860, certain John @. Byers was duly
appointed by the Orphans Court OF Carroll
county as Guardian 10 Absalom Ii Bower.
sox, and that the said John q. Byers, as such
Guardian, executed his bond 70 The State of
Maryland with said Michael Byers, and Fran.
els A. Wampler, as the securities thereon. and
that the said John G. Byers is n resident OF
the State of Pennsylvania, and has been ad.
judged bankrupt By the District Court Of
me United States, for the Eastern District Of
Pennsylvania.
The bill further states that subsequently.
to wit, on the 2sd day Of June, 1878, tie
said Orphans Court revoked said Guardian.
ship of said John O. ByeA, and appointed
charles Is. ROBBERS, in place and instead Of
sad John y. Byers, and that said Michael
byeis and Francis A. Wan,ples, by virtue of
SAID bond were Jointly and seyerally bound
To tho Afufa ~ Mo- ...I =. Al. = i .
Thousand dollars, and that said Wampler IL
totally unable 10 pay the said bond or any
part thereof.
The Bill further states, that the said John
u Byers, rs Guardian aiorcsaid, did, on the
nth day OF March, A. ". 1873, settle in the
Orphans Couri Of Carroll county, his second
account, whereby II appears that there Is due
and owing to the said Absaom ii. Bowersox.
the sum OF four thousand, seven hundred and
ioriy-eight dollars and twenty-five cents, and
that SAID Michael Byers, one OF the securities
on the said Guardian Bond of the said John
u. 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-eisbt dollars aud TWENTY-FIVE cents.
SO due and owing 10 the said Absalom III
Bowersox, as aforesaid, aud being Jointly and
seveially liable for the payment thereof aid
on the 10Th day of October, in the year 1873.
by his deed Of that GATE, duly executed. ac.
knowledged and delivered, grant unto said
David IL. Byers, his son, Of said State and
Coaniy, all his real estate of every kind, 10.
gelher with The buildings, improvements and
appurtenances thereto belonging, or in any
wise apperiaiuing, and all the crops growing
thereon, and all corn on the stock, and all The
grain IN the barns, OF granaries on said prem.
lses, or any part thereof, and that the said deed
from the sand 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 6nv
GEMS, was pretended and false, and that The
SAID sum was not nor was any part thereof paid
by the said David III. Byers, 10 the said All.
ehael, and that the said deed was made. exc.
cuted, acknowledged and delivered, with the
view and intent 10 cheat and deiraud, hinder
and delay the creditors OF the said Michael
byers IN the collection olther just claims and
deOtsagainst him due and owing, aud especially
that OF the CO npainant in this cause. And the
bull further states that on the day and date ofthe
SAID deed from said Michael TO the said David
Il. Byers and contemporaneously Herewith.
The sand David ii. Byers, his wife, Anna Mary
Byers, uniting therein, executed, acknowiedg.
ed ana delivered three several moripnges III
the aforesaid lands aud premises, convened
by the sand Michael Byers to the said David
II. Byers, viz: One mortgage to his brother,
Joseph Byers, for the pretended and express.
ed consideration OF S8O77.Ul one to " lillian
q. hineharJ his brother-in.aw, for the pre.
tended and expressed consideration of s35os.
81 and another bearing the same day and
date, 10 Emanuel ID. heller, his brother-in.
law, who resides in Adams county, Pennsyl.
vania, also for the pretended and expressed
consideration OF S2z03.GS. 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 IL. Byers and wife, with the view
and intent to cheat and deiraud, hinder md
delay the creditors OF the said Michael Byers
from the collection OF their Just claims and
debts and thai the said Michael Byers, David
II. Byers aud wife, Joseph Byers, William G..
Rinehart and Emanuel ID. Keller combined
aud conspired together, each and every one
OF them, Tor the purpose Vi cheating, deiraud.
ing, hindering aud delaying the creditors OF
the said Michael Byers, and especially to
cheat, detraud, 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 benehciaries 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 d. 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 third Monday OF August next,
to answer the premises and show cause, if any
he has, why a decree ought not to pass as
prayed.
FRANK T. SHAW, Clerk.
True copy,-Test;
ap hit Frank T. SHAW, Clerk.