The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-06-30
ORDER OF PUBLICATION.
NO. 1898 EQUITY.

In the Circuit Court for Carroll County.
In the matter OF the Petition Of William B.
Thomas.
David A. Shamer Mortgage, VI. Henry Stull
and Eliza J. Stull bis wife.
FTNHE object Of this Petition is to obtain the
n surplus Of the mortgaged fund in the
above entitled cause reported, If any, applied
TO the pay nent of the several judgments, in-
terest aud costs due to the Petitioner.
The Petition states that the mortgaged pro-
perry III the above mentioned cause has been
sold by David A. Shancr, Mortgage, for the
sum Of $3.50. l2l; that the sale thereof was re-
ported TO and duly ratified and confirmed by
the Circuit Court for Carroll county sitting as
q Court Of Equity; that said mortgaged pro-
perry sold for more than sufficient TO pay the
mortgage debt and interest due to David A.
Shamer, mortgage, and the costs and ex-
penses incident to the sale thereof; that the
Petitioner obtained the following judg-
ments against the said Henry Stull, before
j. Henry Hoppe, Justice of the Peace Of
the State Of Maryland, in and for Carroll
county: one on August I, 1876, for the sum
of SIl.S3, with interest from the date thereof,
and 80 cents cost; one on the 9TH day Of Au-
gust, 1876, for $40. 80, with interest from the
date thereof and So cents costs; one on the
9th day of December, 1876, for the sum Of
Sll93, with interest from the date thereof and
Sl.s6 costs, against the said Slull and Ger.
tain j. N. HOuck, and one in favor Of Susan
Crabbs use oftie Petitioner against the said
Stnl and Il certain Michael Walsh for the
sum of Sl6.95 with interest from the date
thereof, and Sl.Sj costs, as appears by exh-
bits Nos. /, 2, 3 aud 4 filed with said Pet.
tom that said several judgments we're duly
rannr1nH tbn Muafufrafaa T.Ia,v,a.t
Records Of Carroll county, as appears By the
entries thereon, from the date Of which
said entries tfey became liens upon the Real
Estate Of the said Henry Stull; that the writ
Of 6eri iacias was issued on each OF said judg-
ments by the sad j. Henry Hoppe. Justice
Of the Peace, directed to Robert G. Matthews,
Constable, ms appears by said writs filed
Herewith marked exhibits No. 8, 6, I and 8,
and by virtue the 'eof the said Constable levied
upon the Real Estate Of the said Henry Stull,
as appears by the schedule thereof fled mark.
ed exfib't No. O. and advertised said proper
ty for sale once week for four successive
weeks in the american Sentinel, newspa-
per published in Westminster, Carroll county,
Maryland, to be sold on the 18th day of April,
1877, as appears by the Prin er's certificate
filed Herewith marked exhibit No. 10; that
the property so levied on is the So ne which
was old by the sa d David A. Shamer, mort
gagee, in the abo5e e-u7e n er oned; that be-
cause the sale rnGer the Tortgage to the said
Shamer, and the date the eof was prior TO the
hour Of sale advertised under said iieri facias,
and under said writs the entire interest Of the
said Stull and wife would not have been sold,
the sad Constable did not sell as your Pet.
toner was advised that he would be entitled
to have the excess Of said mortgaged fund APP
piled to the payment Of his several liens; that
his several Judgments are liens subsequent TO
said IT ortgage, and that he is entitled to have
the srrp'us Of said mortgaged fund applied to
the payment Of his several judgments, interest
and colts, that the said Stull had paid the costs
on exhibits No. | and 2, ar d also the interest
thereon TO the 4th day Of January, 1877; that
there was due on the eth day Of April, 1877.
on exhibit No. l. Sl3.62, exhibit No. 2, So.
10, exhibit No. 3, $40. 62, ard on exhibit No.
4, S77.77, and that none has been paid; that
the said Henry Stull and Eliza J. Stull his
wife have re moved beyond the limits Of the
Sta.e of Maryland, and do not reside within
the iurisdic 40 Of this Court, and that he does
not know where either do reside.
The Petition then prays that an order may
be passed by which the surplus Of said mot.
gagged fund shall be applied to and distributed
to the Pet oner, in payment Of his said sew.
eral judgments, interest and costs aforesaid,
and for general relief
1t is thereupon adjudged and ordered that
the Petitioner, by causing copy Of this order
to be inserted in some newspaper published
in Carroll county, Maryland, once in each Of
four successive weeks, before the 18th day Of
July, 1877, give notice to the said Henry
Stull and Eliza j. Stull, his wife, of the OBJ
jec. and substance of this Petition, and warn
them to appear in this Court in person or by
Solicitor, on or before the 18th day Of 0cto.
Der, 1877, to answer the premises and show
cause, If any they have, why an order or
decree ought not to pass as prayed.
FRANK I. SHAW, Clerk.
True copy,-Test;
jun 9.5t Faux T. SHAW, Clerk.