The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-07-07

In the Circuit Court for Carroll County.
In the matter of the Petition of William b.
Thomas
David A. Shamer Mortgage, VS.. Henry Stull
and Eliza j, Stull his wife.
THE object of this Petition is to obtain the
Il surplus of the mortgaged fund in the
above entitled cause reported, if any, applied
to the payment of the several judgments, in.
terest and costs due to the Petitioner.
The Petition states that the mortgaged pro-
perry in the above mentioned cause has been
sold by David A. Shamer, 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
a 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 iudr.
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 S71.S3, with interest from the date thefeof.
and 50 cents cost; one on the It'll day Of Au.
gust 1876, for S70S0, with interest from the
date thereof and So cents costs; one on the
9th day of December, 1876, for the sum OF
Sll.93, with interest from the date thereof and
Sl.s5 costs, against the said Stull and Ger.
tain j. n. Honck, and one in favor of Susan
Crabbs use ofthe Petitioner against the said
Stull and a certain Michael Walsh for the
sum Of Sl6.95 with interest from the date
thereof, and Sl.S5 costs, as appears by exhi.
bits Nos. /, 2, 3 and filed with said Peti.
ton; that said several judgments were duly
recorded among the Magistrates Judgment
Records Of Carroll county, as appears by the
entries thereon, from the date of which
said entries they became liens upon the Real
Estate of the said Henry Stull; that the writ
Of fieri facias was issued on each of said iudg.
ments by the said j. Henry Hoppe, Justice
of the Peace, directed to Robert c. Matthews,
Constable, as appears by said writs fled
Herewith marked exhibits No 8, 6, I and s,
and by virtue thereof the said Constable levied
upon the Real Estate Of the said Henry Stull.
as appears by the schedule thereof filed mark.
ed exhibit No. ., 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 eth day of April,
1877, as appears by the Printers certificate
tltlt
the property so levied on is the same which
was sold by the said David A. Shamer, mort
gagee, in the above cause mentioned: that be.
cause the sale under the mortgage to the said
Shamer, and the date thereof was prior to the
hour of sale advertised under said teri facias,
and under said writs the entire interest of the
said Stull and wife would not have been sold,
the said Constable did not sell as your Peti..
toner was advised that he would be entitled
to have the excess Of said mortgaged fund ap.
piled to the payment Of his several liens; that
his several judgments are liens subsequent To
said mortgage, and that he is entitled to have
the surplus of said mortgaged fund applied to
the payment of his several judgments, interest
and costs, that the said Stull had paid the costs
on exhibits No. and 2, and also the interest
thereon to the 4th day Of january, 1877; that
there was due on the 9TH day of April, 1877,
on exhibit No. l, Sl8.62, exhibit No. 9, SO.
10, exhibit No. 3, S79.G2, and on exhibit No.
4, S77.7T, and that none has been paid: that
the said Henry Stull and Eliza J. Stull his
wife have removed beyond the limits of the
State Of Maryland, and do not reside within
the jurisdiction 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 mort.
gagged fund shall be applied to and distributed
to the Petitioner, in payment of his said sew.
eral judgments, interest and costs aforesaid,
and for general relief
1t is thereupon adudged 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, 1871, give notice to the said Henry
Stull and Eliza j.. Stull, his wife, Of the OBJ.
ject 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 Oeto.
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 7. SHAW, Clerk.
True copy,-Test:
jun 9-5t FRANK T. SHAW, Clerk.