The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1875-07-10
ORDER OF PUBLICATION
N0. 1hIhG.


Circuit Court for Carroll County in Equity.
J. b. Brinsmade and A. Tower, Executors OF
Edward Beck, deceased, Carl oxhcsm and
sophie, his wife, Marie +, Beck and Jor-
geon A. Beck, an infant, by his next friend
"a. Horace L. Brooke, Charles +. Brooke,
Henry Mccormick
YTNHE object Of this Bill is TO procure the
Il sale Of two undivided fifth parts Of Ger
tain lands 10 Carroll county, which, on the
llih day OF February, A. ID. 1858, were agreed
10 be sold BY Edward Beck, deceased 10
Horace l.. Brooke aud Charles Il. Brooke.
The Bill states that Beck was seized OF u
tract Of land in Carroll county, subject 70 q
mortgage thereon, originally for S2O, 1000, but
reduced By payments Of Beck, which tract
contained iron ore, and was also possessed OF
a leasehold interest ia certain orebank IN
said county, both which parcels OF land are
particularly described in deeds referred 10 IN
the Bill; that Beck, on the llth February, A,
ID. 1868, by an article in writing, daly record
ed in the Land Records Of Carroll county, a
copy whereof Is made an Exhibit TO the Bill,
agreed TO sell to said Horace l.. and Charles
4. Brooke, and Horace and Charles agreed
to buy from Beck, two undivided hith parts
of both said tracts, ut the cost price thereof,
with interest from 22d March, 1860, and on
terms, conditions aud 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 10 their respective inter.
ests that q portion Of said mortgage $4,000
held by Horace Brook should be allowed in
part payment md after the equalization the
parties should pay of the residue Of the mort.
gage in due proportion that such equallLa-
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 account of Horace and Charles share
of the mortgage debt unpaid, aud 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'
tcrests, under the sole management Of Horace
l.. Brooke, from about February, A. ID. 1858,
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 clnim OF
said Beck for said share that afterwards said
Horace and Charles Brooke, by agreement
with Beck, worked said lands on 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 and made by
them to Beck, but considerable sums remain
due TO Beck therefor that in November,
1872, by o subsequent agreement amongst the
parties, the rnte Of royalty payable to Beck
was increased to seyenty.five 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 "a
Beck and with the Bill is exhibited an &c.
count between Beck aud 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 81 January,
1878, Of S5iSS.4S. The Bill then states the
death of Beck in July, 1873 that BrinsmadC
and Tower are the Executors Of his last will,
but that said will was insufiiciently attesied,
and that the interest OF Beck in the first men
toned tract has descended upon Sophie OK.
hoem, Marie 4. 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 aud
Charles 4. Brooke 10 said Henry Mccormick
by way Of mortgage, and charges that said
interest is liable to be sold 10 answer the
claims Of the eomplainants, and further states
that Charles +. Brooke and Henry MeCor.
mick reside out of the State OF MARYLAND.
IL Is thereupon adjudged and ordered that
the compliments, by causing copy Of thi.
order TO be inserted in some newspaper pub.
lished in Carroll county, once in each Of tour
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, il any they
have, why decree ought not TO pass as prayed.
FRANK 7. SHAW, Clerk.
True copy.-Test:
july lott FRASK I, SHAW, Clerk.