The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1875-07-24
ORDER OF PUBLICATION


NO.! 1865.
Circuit Court ier Carroll County in Equity.
James B. Brinsmads and A. Tower, Execn.
tors Of Edward Beck, deceased, Marie K.
Beck, Carl 0xhoem and Sophie, his wife.
Jorgeon A. Beck, an iniant, BY bis mother
and next friend, Elizabeth Nee. Beck. "a.
Horace L. Brooke, William n. Fritz, John
Englar.
/ HfHE object Of this Bill Is 10 procure The
"A sale Of three undivided fifth parts Of 4
tract Of land. ia Carroll county, called the
Westminster 0rebed, and Of one undivided
fourth part Of tract Of lind. in Carroll
county, called the Wareheim Mine, which
were contracted to be sold on the first day Of
April, A. d. 1878, BY Edward Beck, deceas.
ed, in his lifetime 70 Horace Z. Brooke, VIM.
II. Fritz and John Englar.
The Bill states the making Of an agreement
on said first day Of April, "A. D. 1873, be.
tween said Beck and said Brooke and Fritz
and Engiar, which Is recorded amongst the
Land Records Of Carroll county, whereby said
Beck agreed to sell to said Brooke and Fritz
and Englar, aud said Brooke and Fritz and
Englar agreed to buy from said Beck, subject
% certain mortgage, payment whereof was
thereby assumed by said Brooke and Fritz and
Englar, three undivided fifth parts Of said
Westminster Orebed, and one undivided fourth
part Of said Wareheiln Mine, both which
tracts Of land are particularly described in
certain deeds referred to In said Bill, and
which lands contained the ores Of iron, for
the price Of thirty-four thousand dollars, 10
be paid in manner as set forth, and on The
terms and conditions as contained In said
agreement, . copy Of which is made an Ex-
hibit 70 said Bill, that amongst other things,
sad Brooke and Fritz and Englnr were nnder
sac agreement TO be let into possession OF
said lands, and were to pay said Beck roy
atty of seycnty-fye cents Der ton on All ores
raised by them from the Westminster Orebed.
and twenty-five cents per ton on all ores raised
by them from the Wareheim Mine, which
were to be credited on the purchase money,
and accounts Of the quantities Of ores raised
and royalties due thereon were TO be furnished
by them to Beck every three months, with a
proyiso that in case OF default in payment BY
them Of principal or interest OF purchase
money or Of royalties for the space Of thirty
days, BECK should be at liberty TO re-enter the
premises, and oil payments made should be
forfeited to him. The Bill states that said
Brooke and Fritz and Englar did, the max
ing Of said agreement, enter into possession
Of said premises, and raised and disposed Of
the death Of Beck in July, A. d. 1878, leay.
ing surviving him his widow, Elizabeth, and
three children, his only heirs At law, Sophie
Oxhoem, Marie u. Beck and Jorgeon A.
Beck, who is an infant that said Beck left
last will, which is insut6ciently attested to
pass real estate in Maryland and that the title
10 said lands subject TO the agreement has de-.
scended upon said heirs Of Beck. The Bill
then states that large gums Of money became
due TO Beck for royalties on ores raised BY
Brooke and Fritz and Englar from both said
tracts ; thaton the 18th January 1874, Brooke
and Fritz and Engar rendered an account
70 the Executors Of Beck Of interest on the
principal purchase money due LIST October,
A. ID. 1873, and Of the quantities Of ores rails
ed from said lands respectively, and Of royal
ties due in respect thereof, and delivered the
pronissory note Of Brooke aud Fritz for said
interest, and two promissory notes Of Brooke
and Fritz for the royalties due that said in
terest note was paid and the first Of said notes
for royalties, but that the second Of said notes
has not been paid, and that Judgment has
been recovered thereon against said Brooke.
The Bill further states that no further ac-
counts Of ores raised, and Of royalties due in
respect thereof, has ever been made TO
Beck's Executors by said Brooke and Fritz
and Englar, although they have raised large
quantities Of ores, and no payments either Of
principal or interest Of purchase money Of
said lands or Of royalties on said ores have
since said 18th January, A. d. 1874, been
made by said Brooke and Fritz and Englar to
said Executors Of Beck, and that the install.
ments Of principal purchase money and inter
est and royalties due under said agreement,
except as aforesaid, are still due and unpaid,
and that the interests Of said Brooke and
Fritz and Englar in both said tracts are liable
to be sold to answer said claims. The Bill
further states that said Fritz resides out Of
the State Of Maryland.
1t is thereupon adjudged and ordered that
the compliments, by causing copy Of this
order TO be inserted in some newspaper pub
lished in Carroll county, once in each Of four
successive weeks, before the 9th day Of An
gust, A. d. 1876, give notice 10 the said abb
sent defendant 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 eighth day Of November next, to answer
the premises, and show cause, If any he has,
why decree ought not pass as prayed.
FRANK T. SHAW, Clerk.
True copy.-Test
july lo-4t Frank 7. Shaw, Clerk.