The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1897-07-03
ORDER OF PUBLICATION.
In the Circuit Court for Carroll County.
sitting as a Court of Equity.
MO oEEo EnTTTnv

In the Circuit Court for Carroll County,
sitting as a Court of Equity.
NO. 1858 EQUITY.
Martha A. Duttera, by her husband and next
friend, Amos Duttera, Plaintiff, VS.. John 7.
Eckert, ct al, Defendants.
The object of this suit is to procure decree
for the sale of the Real Estate of Jacob
Eckert, late of Carroll county, State of Mary
land, deceased, for the benefit of his creditors.
The bill of complaint states that said Jacob
Eckert, deceased, was in his life time indebted
unto the plaintiff and various other persons.
That he departed this life leaving surviving
him the following named children who are all
adults above the age OF twenty one years. and
who are his only heirs at law, TIC wit John
7. Eckert, Luther f. Eckert, Louisa Eckert
George Eckert, all of whom reside in said,
county and State, and Theodore Eckert and
j. Wesley Eckert, both of whom reside in
Baltimore city, in said State, and Jacob
Eckert, who resides in the state of Minnesota.
and who is a nonresident of the State Of
Maryland.
That the said Jacob Eckert, deceased, died
intestate and left no personal estate, but that
he was seized and possessed Of Real Estate of
great value in Carroll county and State of
Maryland, in fee simple, containing one hun
bred and fifty-two acres, three roods and
And that certain Jacob J. Weaver of said
county and State, land who is named as one of
the defendants in said bill of complaint. holds
by way of an assignment mortgage lien on
said Real Estate for the sum of sixteen hun
bred and fifty dollars.
And that the mortgage lien as aforesaid
and the interest thereon is due and owing un-
to the said Jacob ]. Weaver and is preferred
lien on said Real Estate and should be paid
out Of the proceeds of sale of said Real Estate,
if sold under the decree of court, in preference
to all other creditors of said Jacob Eckert,
deceased.
And that by reason of the total failure of
the personal estate of said Jacob Eckert, de-
ceased, his said creditors are unable to obtain
payment OF their claims without a sale of said
Real Estate under a decree Cf the Circuit
Court for Carroll county, sitting as Court of
Equity.
And prays for decree for the sale of the
Real Estate of said Jacob Eckert, deceased,
so that said mortgage hen may be paid in the
first place, and next for the payment of the
claims of said plaintiff and all other creditors
of said Jacob Eckert, deceased, and that the
said jacob. Weaver may discover the amount
due him under said mortgage lien.
And prays for the writ of subpoena against
all of said defendants who reside in the State
of Maryland and also for an order of pubIica-
ton against the said Jacob Eckert, who re-
sides in the State of Minnesota and is non
resident of the State of Maryland
1t is thereupon, this 18th day of June, in
the year eighteen hundred and ninety-seveu,
ordered by the Circuit Court for Carroll coun-
ty, sitting as a Court of Equity, that the PLAIN
tiff, by causing copy of tits order to be in
| serted in some newspaper published in Carroll
county, once in each of four successive weeks
before the 10Th day Of July, next, give notice
to said defendant, Jacob Eckert, ofthe object
and substance of this bill of complaint, warn
ing him, the said Jacob Eckert, to appear in
this Court in person or by solicitor on or be
fore the 9th day of August. next, TO show
cause, if any he has, why a decree ought not
10 be passed as prayed.
BENZ. f. GROUSE, Clerk.
True COPY Test:
iunel9 st BENZ F. GROUSE, Clerk.