The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1875-07-17
ORDER OF PUBLICATION.
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ftt FtAfILL INV lVD4s y 80 81 EtHN
Circuit Court for Carroll County III Equity.
J. B. Brinsmade aud A. Tower, Executors Of
Edward Beck, deceased, Carl 0xhoem and
Sophie, his wife, Marie f. Beck aud Jor.
geon A. Beck, an infant, by his next friend,
W. Horace L. Brooke, Charles y. Brooke,
Henry Mccormick.
T,HE object Of this Bill is to procure the
Il sale Of two undivided fifth parts of GER
tain lands in Carroll county, which, on the
nth day of February, A. ID. 1868, were agreed
10 be sold by Edward Beck, deceased, 10
Horace l.. Brooke and Charles ". Brooke.
The Bill states that Beck was seized OF a
tract of land in Carroll county, subject 10
mortgage thereon, originally for $4,000, but
reduced by payments Of Beck, which tract
contained iron ore, and was also possessed Of
a leasehold interest in certain 0rebank in
said county, both which parcels Of land are
particularly described in deeds referred 10 in.
The Bill that Beck, on the nth February, A.
d. 1863, by nm article in writing, duly record
ed IN the Land Records of Carroll county, a
copy whereof is made an Exhibit TO the Bill,
agreed 70 sell to said Horace l.. aud Charles
II. Brooke, aud Horace and Charles agreed
10 billy from Beck, two undivided fifth parts
of both said tracts, at the cost price thereof,
with interest from 22d March, 1850, and on
terms, conditions and payments set ont ia the
agreement; that parcel Of said terms was,
that the payments heretofore made by Beck
on said lands, and the payments 10 be made
by Horace and Charles Brooke, should be
equalized according TO their respective inter-
ests that portion Of said mortgage $4,000
held by Horace Brook should be allowed 10
part payment, and after the equalization the
parties should pay of the residue Of the mort
gage in due proportion that sneh equaliza-
ton was agreed on amongst the parties, but
that Beck was afterwards called on by the
mortgages 70 pay, and did pay, them large
sums on account Of Horace and Charles share
OF the mortgages debt unpaid, and which have
never been repaid by them TO Beck. The
Bill farther states that the parties worked
said lands IN company, according to their in
terests, under the sole management Of Horace
l.. Brooke, from about February, A. ID. 1868,
till about March, A. ID. 1869, 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 to said claim Of
said Beck for said share; thatafierwards 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.
1877, and sundry accounts thereof and pay
ments thereup0n were rendered and made by
them 70 Beck, but considerable sums remain
due TO Beck therefor; that in November,
1872, by subsequent agreement amongst the
parties, the rate Of royalty payable to Beck
was increased to seventy-hye cents per ton,
and considerable quantities of ore we're 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 nc
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, 1878 that Brinsmade
and Tower are the Executors of his last will,
but that said will was insuiiicienty attested,
and that the interest Of Beck in the first mem
TONED tract has descended upon Sophie Ok.
hoem, Marie L. 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 compliments, and further states
that Charles h. Brooke and Henry McCor-
mick reside out Of the State OF Maryland.
is thereupoh ad;udged and ordered that
the complainants, by causing a 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 decree ought not to pass as prayed.
FRANK 7. SHAW, Clerk.
True copy.--Test:
july 10-4t FRASK T. SHAN, Clerk.