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

NO. lsh5.
Circuit courl for Carroll County IL Equity.
James B,1Briusmade and A. Tower Exeeu-
tors Of Edward Beck. deceased, Marie r.
Beck, Carl 0xhoem and Sophie, bis wife,
Jorgeon A. Beck, an infant, BY his mother
and next friend. Elizabeth Nee. Beck, vs..
Horace l. Brooke, William n. Fritz, John
Englar.
H1HE object Of this Bill is TO procure the
u sale Of three undivided fifth parts Of d
tract OF land, IN Carroll county, called the
Westminster 0rebed, and Of one undivided
fourth part Of tract Of land, 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 TO Horace +. Brooke, VIM.
II. Fritz and John Enelsr.
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 Englar, which is recorded amongst the
Land Records Of Carroll county, whereby said
Beck agreed TO sell to said Brooke and Fritz
and Euglar, and said Brooke ind Fritz and
Englar agreed to buy from said Beck, subject
to certain mortgage, payment whereof was
thereby assumed by said Brooke and Fritz and
Englar, three undivided fifth parts Of said
Westminster 0rebed, and one undiMdedfourth
part OF said Wareheim Mine, both which
tracts OF land are particularly described IN
certain deeds referred to in said Bill, aud
which lands contained the ores Of iron, for
the price Of thirty-four thousand dollars, 70
be paid in manner as set forth, and on the
terms and conditions as contained in said
agreement, q copy Of which is made an Elk
hihit to said Bill, that amongst other things,
said Brooke and Fritz and EngIar were under
said agreement 10 be let into possession OF
said lands, and were TO pay said Beck roy.
atty Of seyenty.iive cents per ton on all ores
raised by them from the Westminster 0rebed,
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 70 Beck every three months, with a
prosiso 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 10 re-enter the
premises and all payments made should be
forfeited TO him. The Bill states that said
Brooke and Fritz and Englar did, on the max.
ing OF said agreement, enter into possession
Of said premises, and raised and disposed Of
large quantities of ores The Bill then states
the death Of Beck in July, A. d. 1873, leav.
ing surviving him his widow, Elizabeth, and
three children, his only heirs al law, Sophie
0xhoem, Marie +. Beck and Joreeon A.
Beck, who is an infant that said Beck left a
last will, which is insufiiciently attested to
pass real estate in Maryland, and that the title
to said lands subject TO the agreement has de-
scended upon said heirs Of Beck. The Bill
then states that large sums 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
aud Fritz and Englar rendered an account
TO the Executors OF Beck Of interest on the
principal purchase money due LIST October,
A. d. 1873, and Of the quantities Of ores rails
ed from said lands respectively, and Of royal
ties due in respect thereof, and delivered the
prOmissory note Of Brooke and 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 ae-
counts Of ores raised, and OF royalties due in
respect thereof, has ever been made 10
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 Au-
gust, A. d. 1875, give notice to the said alb
sent defendant Of the object and substance of
this Bill, and warn him 10 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 he has,
why decree ought not pass as prayed.
FRANK t. SHAW, Clerk.
True copy-Test:
july lott FsAsk I. Shaw, Clerk.