The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1875-07-24
oRDER on PUBLICATION.
MO- 1860.

NO. 1865.
Circuit Court for Carroll County IN Equity.
]. B. Brinsmade and A. Tower, Executors 0
Edward Beck, deceased, Carl 0xhoem AM
Sophie, IiK wife, Marie +. Beck and Jor
geon A. Beck, an infant, by his next friend
rs. Horace 1. Brooke, Charles F. Brooke
Henry Mccormick.
TIME object Of this Bills 70 procure Tho
~ sale Of two undivided fifth parts Of Ger
tain lands in Carroll county, which, on the
18th day Of February, A. ID. 1868, were agreed
% be sold by Edward Beck deceased, to
Horace 4, Brooke and Charles u. Brooke.
The Bill states that Beck was seized Of q
tract Of land in Carroll county, subject 10 i
mortgage thereon, originally for $50, 600, but
reduced BY payments Of Beck, which tract
contained iron ore, and was also possessed Of
q leasebold interest In a certain orebank In
said county, both which parcels Of land are
particularly described in deeds referred to in
the Bill that Beck, on the 18th February, A.
d, 1858, by an article inwriting, duly record
ed in the Land Records Of Carroll county, q
copy whereof is made an Exhibit to the Bill,
agreed to sell TO said Horace l.. and Charles
Z. Brooke, and Horace and Charles agreed
to buy from Beck, two undivided fifth parts
OF both said tracts, at 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 said lands, and the payments to 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 IN
part payment, and after the equalization the
parties should pay of the residue Of the mort
gage in due proportion that such equalixa-
ton was agreed on amongst the parties, but
that Beck was afterwards called on by the
mortgages TO pay, and did pay, them large
sums on acconnt Of Horace and Charles share
Of the mortgage debt unpaid, and which have
never been repaid by them to Beck. The
Bill further 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. d. 1868.
till about March, A. d. 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 that afterwards 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 pay
ments thereupon were rendered aud made by
them 10 Beck, but considerable sums remain
due to Beck therefor; that in November.
1877, by subsequent agreement amongst the
parties, the rate Of royalty payable to Beck
was increased to seventy-fye cents per ton,
and considerable quantities Of ore were raised
by Horace and Charles under said last agree
ment, but they never rendered any account
thereof, nor made any payment therefor 10
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 10 Beck
for payments and royalties as Of 3D. 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 insufiiciently attested,
and that the interest OF Beck in the first 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 4. 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 z. Brooke and Henry McCor-
mick reside out of the State Of Maryland.
1t is thereupon adjudged and ordered that
the complainants, by causing a copy Of this
order to be inserted 10 some newspaper pub.
lished in Carroll county, once in each Of fonr
successive weeks, before the ninth day Of Au.
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, if any they
have, why adecree ought not to pass as prayed
FRANK T. SHAW, Clerk.
True copy.--Test:
july lott FRANK 7. SHAW, Clerk.