The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-04-11
Order of Publication.
No. IlGa EoUITY.

II ihc iWcWu tOuft Tor carroll County SIT
ting as q Court Of Equity.
Charles b. Roberts, Guardian Of Absalom II.
Bowersox, W. Michael Byers, David II
Byers and Wife, Joseph Byers. William 6.
kinehari, Emanuel ID. Keller.
1NHE object of this suit i 10 procure a de-
Il cree 10 anuul and set aside pretended
sale OF certain real estate and personal prop.
erty in Carroll county, In the State Of Mary.
land, which the said Michael Byers conveyed
70 the said David II. Byers, a son Of said
Michael, by deed bearing date the twenty.iifih
day OF October, 1873; aud also to annul and
set aside certain mortgages Of said reul estate,
executed without any valuable consideration,
by the said David III. 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.
uary, 1865, certain John @. Byers was duy
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 Stale of
Maryland with said Michael Byers, and Fran.
chs a. Wampler, as the securities thereon, and
that the said John G.. Byers is a resident of
the State OF Pennsylvania, and has been ad.
judged 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 2Gd day Of June. 1873, he
said Orphans Court revoked said Guardian.
ship of said John G. Byefs, and appointed
Charles b. Roberts, in place and instead Of
said John g. Byers, ard that said Michael
Byers and Francis A. Wamplet, by virtue of
SAID bond, were jointly and severa!ly bound
to the State Of Maryland in the sum of eight
Thousand dollars, and that said Wampler Is
totally unable to pay the said bond or any
part thereof.
The Bill further states, that the said John
y. Byers, as Guardian aforesaid, did, on the
l'th day OF Marci, a. ID. 1873. settle in the
orphans Court OF Carroll county. his second
account, whereby It appears that there is due
and owing 10 The said Absalom II. Bowersox.
the sum OF four thousand, seven hundred and
iorty-eight dollars and twenty-five cents, and
that said Michael Byers, Que of The securities
ON the said Guardian Bond OF the said John
q. Byers, as aforesaid, and jointly bound with
hun aud the said Wampler, for the payment
oil said sum OF four thousand seven hundred
and iorty'eight dollars aud twenty-five cents.
SO due and owing 10 the said Absalom IL.
Bowersox, as aforesaid, and being Jointly and
seYerally liable for the payment thereof, did
on the 10Th day OF October, in the year 1873.
by ms deed OF that GATE, duly executed, nc.
knowledged and delivered. grant unto said
David IL. Byers, his son, of said State and
County, all his real estate of every kind TO.
gether with the buildings, improvements and
appurlennnces thereto belonging. or in any
wise apperaining, and all the crops GROWING
thereon, and all corn on the stock, and all The
gram IN the barns, or granaries on said prem.
ises, 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 seventy.three dollars and fifty
GEMS, 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 Nj.
chael, and that the said deed was made. exc.
euted, acknowledged aud delivered, with the
view aud intent to cheat and deiraud, hinder
and delay the creditors OF the said Michael
Byers IN the collection oltheir just claims aud
debts against him due and owing, and especially
that OF me co nplalnant IN this cause. And the
bill further states that on the day and date olthe
said deed from said Michael to the said David
IL. Byers and contemporaueously Herewith.
the SAID David ii. Byers, his wife, Anna MARY
Ell ana delivered three several mortgages oI
the aforesaid lands aud premises, conveyed
by the said Michael Byers to the said David
Ii. Byers, viz: One mortgage TO his brother
Joseph Byers, for the pretended and express.
ed consideration OF sSG17.bl; one to " lillian
u. Rinehart his brother-in.law, for the pre-.
tended and expressed consideration of s3jos.
6l and another bearing the same day and
date, 10 Emanuel ID. Keller, his brOther-in.
law, who resides in Adams county, Pennsyl.
wanna, also for the pretended and expressed
consideration OF S2ZO3.6s. Said bill further
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 10 cheat and deiraud, hinder and
delay the creditors of the said Michael Byer,
from The collection OF their just claims and
debts and that the said Michael Byers. David
II. Byers and wife, Joseph Byers, William q.
kinehart and Emanuel ID. Keller combined
nnd conspired together, each aud every one
oil themi Tor the purpose VI cheating, deiraud.
ing, hindering and delaying the creditors oil
the said Michael Byers, and especially 10
cheat, deiraud, hinder and delay the com.
plalnant IN this suit, and to make the children
and heirs at law OF the said Michael Byers, or
some OF them, the beneiiciaries 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 tina,
the complainant by causing copy OF this
order to be inserted in some newspaper pub.
llshed 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 Us
prayed.
FRANK T. SHAW, Clerk.
True copy,-lest:
an hit FRANE n Shaw CIarL