The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1875-07-31
ORDER or PUBLICATION.
NlIn 10

No. ibh6.
Circuit Court Tor CnrrS County II E4aIsi.
J. B. Brinsmade and A. Tower, Executors IL
Edward Beck, decreased, Carl Oxioem ana
Sophie, his wife. Marie +. Beck and Jor.
geon A. Beck, an inient, BY his next friend.
vs.. Horace l.. Brooke, Charles 4. Brooke.
Henry Mccormick.
rTsHE object Of fhis Bill Il 70 procure he
Il sale Of two undivided fifth parts 81 eer
tain lands in Carroll county, which, on the
18th day Of February, A b. 1868, we've agreed
10 be sold by Edward Beck deceased. 10
Horace L. Brooke and Charles Z. Brooke.
The Blu states that Beck wns seized Of 4
tract Of land In Carroll county, subject to a
mortgage thereon, originally for 81, 200, bni
reduced BY payments Of Beck, which tract
contained iron ore, and was also possessed Of
q leasehOld interest in a certain ofebank in
sold county, both which parcels Of land are
particularly described IL. deeds referred to IN
the Bill that Beck on The nth February, A.
y. 1868, by an article IN writing, duly record
ed in the Land Records of Carroll county,
copy whereof j. made m Exhibit 10 the Bill,
agreed 20 sell TO said Horace 4. and Charles
Il. Brooke, and Horace and Charles agreed
10 buy from Beck, two undivided fifth parts
of both said tracts, al the cost price thereof.
with interest from 22d March, 1860, and on
terms, conditions and payments set out in the
agreements that parcel Of said terms was,
that the payments heretofore made BY Beck
on sad lands, and the payments TO be made
by Horace and Charles Brooke, should be
equalized according 70 their respective inter
ests that portion Of said mortgage (s50DOl
held by Horace Brook should be allowed IN
part payment, and after the equalization the
parties should pay eff the residue vf the mort
gage IN due proportion that such eqlaliza.
ton was agreed on amongst the parties, but
that Beck was afterwards called on By the
mortgages 20 pay, and did pay, them large
sums on account Of Horace and Charles shnre
Of the mortgage debt unpaid, and which have
never been repaid by them 10 Beck. The
Bill further states that the parties worked
said lands in company, according TO their IN.
terestsi under the sole management Of Horace
y. Brooke, from about February, Al ID. 1868,
tall about March, A. ID. 1862 and during that
time said Horace and Charles became largely
indebted to Beck for his share Of said work
ings, and the Bill charges that said Horace
and Charles were completely identified in in.
terest in respect Of said lands, and the inter
est Of both thereon is liable 70 said claim Of
said Beck for said share thatafterwards said
Horace and Charles Brooke, by agreement
with Beck, worked said lands on a royalty Of
thirty cents per ton on all ores raised by them
therefrom, from March, 1869, TO November,
1872, and sundry accounts thereof and nav.
ments thereupon were rendered and made BY
them to Beck, but considerable sums remain
due 70 Beck therefor that in November,
1877, by subsequent agreement amongst the
parties, the rate Of royalty payable to Beck
was Increased to seventy.tiye cents per ton,
and considerable quantitiee.9f ore were raised
by Horace and Charles under said last agree.
ment, but they never rendered any account
thereof, nor made any payment therefor to
Beck; and with the Bill is exhibited an &C.
count between Beck and said Horace and
Charles, admitted by the latter TO be correct,
showing an Indebtedness Of the latter to Beck
for payments and royalties as Of Sd January,
1873, Of S54Ss.4s The Bill then states the
death Of Beck in July, 1873; that Brinsmade
and Tower are the Executors Of his last will.
but that said will was insuificiently astested.
and that the interest OF Beck in the lirst men.
toned tract has descended upon Sophie Ok.
hoem, Marie z. Beck and Jorgeon A. Beck,
the only children and heirs at law Of said
Beck. The Bill then states conveyance Of
their interest by said Horace l.. Brooke and
Charles +. Brooke to said Henry Mccormick
by way Of mortgage, and charges that said
interest is liable to be sold to answer the
claims Of the complainants, and further states
that Charles +. Brooke and Henry McCor-
mick reside out of the State OF Maryland.
1t is thereupon adjudged and ordered that
the eomplainants, by causing q copy Of this
order to be inserted in some newspaper pub.
lished in Carroll county, once in each Of four
successive weeks, before the ninth day Of An-
gust, A. ID: 1875, give notice to the said alb
sent defendants Of the object and substance
Of this Bill, and warn them 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, il any they
have, why a decree ought not 70 pass as prayed
FRANK T. SHAW, Clerk.
True copy.-Test:
july lO-4t FRANK 7. SHAW, Clerk.