The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-06-23
ORDER OF PUBLICATION.
no. l0os EQUITY.


In the Circuit Court for Carroll County.
In the matter Of the Petition Of William b.
Thomas.
David A. Shamer Mortgagee, rs. Henry gtnll
and Eliza J. Stub his wife
Y1lIE object Of this Petition IS to obtain the
4 surplus Of the mortgaged fund in the
above entitled cause reported, ifany, 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. l25; that the sale thereof was re.
ported to and duly ratified and confirmed BY
the Circuit Court for Carroll county sitting as
Court Of Equity; that said mortgaged pro.
perry sold for more than sufficient 10 pay the
mortgage debt and interest due to David A.
Shamer, mortgage, and the costs and ex-
penses incident 10 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 Z, 1876, for the sum
Of SIl.a3, with interest from the date thereof,
and 81 cents cost; one on the 7th day Of Au-
gust, 1876, for $70.S0, with interest from the
date thereof and 65 cents costs; one on the
9TH day of December, 1876, for the sum Of
Sll.93, with interest from the date thereofand
Sl.s5 costs, against the said Stul and a Ger.
tain j. N. Houck, and one in favor Of Susan
Crabbs use ofthe Petitioner against the said
Stull and certain Michael Walsh for the
sum OF Sl6.95 with interest from the date
thereof and u 30 costs, as appears by exhi.
bits Nos !, 2, and fled with said Pet.
ton; that said several judgments were duly
fpR0rdgH t1,. Ma.. ii
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 Stul; that the writ
OF herl iacias was issued on each of said iudg-
ments by the said j. Henry Hoppe, Justice
OF the Peace, directed 10 Robert G. Matthews,
Constable, as appears by said writs filed
herewith marked exhibits No. 8, g, and s,
and by virtue thereof the said Constable levied
upon the Real Estate Of the said Henry Stall,
as appears by the schedule thereof iiledmsrK.
ed exhibit No. 0, and advertised said proper.
~ Tor 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 Printers certificate
hled Herewith marked exhibit No. 10; that
the property so levied on is the same which
L.
gagee, IN the above cause mentioned; that be-
cause the sale under the mortgage to the said
Shamer, and the date thereof was prior tothe
hour of sale advertised under said iieri faeias,
and under said writs the entire interest of tie
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 ~
pied to the payment of his several liens .i,at
his several judgments are liens subsequent tp-
said mortgage, and that he is entitled 10 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. /, Sl3.G2, exhibit No. 2, 49,.
~, exhibit No. 3, S79.62, and on exhibit No.
4, SI1.I7, 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 Petoner, in payment of his said sey.
eral Judgments, interest and costs aforesaid,
and for general relief.
IL is tbereupon adiudged and ordered that
the Petitioner, by causing a copy of this order
70 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 10 the said Henry
Stull and Eliza J. Stull, his wife, of the Oh.
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 Octo.
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 T. SHAW, Clerk.
True copy,--Test:
jun Dot FRANK T. SHAW, Clerk.