The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-12-18
OF PUBLICATION.
NO 2453 EQUITY.

NO. 2453 EQUITY.
In the Circuit Court for Carroll, County sit
ting as Court of Equity.
Annie R. jenkins, Franzi Anna Barnes and
Elias Barnes, her husband, plaintiffs, vs..
Ezra P. Hiltabidel, Hiram ). Hilta-
bidel and Wesley ]. Hiltabi-
del, defendants.
The object of this suit is to procure de.
cree for the sale of certain property in Carroll
county, Maryland, which was devised by the
last will and testament of Jacob Hiltabidel,
deceased, to Rebecca Hiltabidel his wife,
during her life, and after her death to his
children. The Bill states:
First. That certain Jacob Hiltabidel died
in Carroll county, Maryland, in or about the
month of September, A. D. 1871, leaving a
last will and testament, which was admitted
TO probate in the Orphans Court of Carroll
county, copy of which is filed with the Bill
marked Exhibit "A.h
Second. That said testator devised twenty
three acres, one rood and thirty perches OF
land to Rebecca Hiltabidel, his wife, during
life, and after her death to his children in
equal portions, share and share alike, and
that said land is described in Exhibit "B''
filed with the Bill, and is situate in Carroll
county, Maryland, and is of the value OF about
six hundred dollars.
Third. That his said wife died in said
county and State in and about the year A. d.
1888.
Fourth. That the said testator left the fol-
lowing children at his death, viz: Annie r.
Jenkins, who was the wife of Nicholas ID.
Jenkins; Franzi Anna Barnes, wife of Elias
Barnes; Ezra P. Hiltabidel, Hiram S. Hilta-
bidel and Wesley ]. Hiltabidel, all of whom
are adults above the age of twenty one years,
and all reside in Carroll county, in the State
| of MARYLAND, except the said Hiram S. Hilta-
bideI, who resides in Polk county, in the
State of Florida; Ezra P. Hiltabidel who is
supposed to reside in the State of Illinois,
and the said Wesley J. Hiltabidel who is
supposed to reside in Mendocina county in
the State of California, but neither of whose
residence is known to your orator.
Fifth. That the said Nicholas H. Jenkins,
who was the husband of your nratrix, Annie
| r. jenkins, died some time in the year eigh-
teen hundred and seventy-six.
Sixth. That the said parcel of land de-
scribed in said Exhibit "B'' is not suscepti-
BILE of partition and can not be divided with.
out loss or injury to the parties interested
therein.
The Bill then prays that decree may be
passed for the sale of said real, estate for gen.
eral relief, and for an order of publication
against Hiram S. Hiltabidel, of Polk county,
in the State of Florida, Wesley J.. Hiltabi'
del, who is is supposed to reside in Mendocina
county, in the State of California, and Ezra
P. Hiltabidel who is supposed to reside III
the State of Illinois, who are nonresident;
of the State of Maryland.
1t is thereupon this 18th day of November,
A. D. 1886, by the Circuit Court for Carroll
county, sitting as Court of Equity, and by
the authority thereof, adjudged and ordered
that the plaintiffs, by causing copy OF this
order to be inserted in some newspaper pub
lished in Carroll county, Maryland, once in
each of four successive weeks before the 31sl
day of December next, give notice to the SAID
absent defendants of the object and sub
stance of this Bill, and warn them to appear
in this Court, in person or by solicitor, on oil
before the first day of April next, to answer
the premises and show cause, if any they have
why decree ought not to pass as prayed.
WIN. N. MARTIN, Clerk.
True copy,-Test:
nov 27:5t VIM. N. MARTIN, Clerk.