The Republican., 1900-11-29
Edward H. SinceI and Julius C. Renninger,
Solicitors.
Order Of Publication.

Span3lef. now deceased: q QeeQ IfOIl SdIu
Spangler and wife to William II. RuppeLand
a deed from said Ruppel and wife to j. Frank
| Torbert in so far as said deeds affect the
| plaintiffs title to Military Lots Nos. 2229.
230 223l ?,}3 222235, :,2237, 23S, 2239 and 2240.
The bill states that in 1874 the plaintifs
| Emma Hammond, Louisa Hammond and
Anna Gross (then Anna Hammond but who
has since intermaITied with II. Boteler
| Cross together with Ellen Burns, now dead
| inteState, leaving surviving her as her only
| heir at law f. Fielder Burns and II. Clay
| Hammond, now dead intestate, leaving sur
| ViVing him as his only heirs at law the plaln-
| ttffS, became seized and possessed of Military
Lots Nos. 2229 :2}0, 223. 222;}2 2233, 2!!i, 9;}5
296. 227, ::22S. 2!;}a, a240 and 224l, situate in
| Garrett county, by deed from one Thomas
| Hammond. the owner in fee at that time OF
| said lots, and a certified copy of the same is
exhibited with the bin that under said deed
| said grantees took possession OF Sald lands
| and paid the taxes thereon as they fell due
| promptly until 1891 that a certain George
| w. Spangler. late of AlleganY county. Mary
| land, deceased. who was the husband of
| Catharine Spangler and father of Virginia,
| Park VI. and William II. Spangler tsaid Park
VI. and William H. Spangler having respect
! lively intermarried with said Bertha and
! Nellie Spangler), was for long number Of
| years agent of the plaintiffs and entrusted
| with the care of their said lands in Garrett
| county. the plaintiffs residing in Frederick
| county, Maryland that the County ComnliS-
| Sioners of Garrett county in 1891 levied on
said Military Lots, they, being assessed to
| Mary Hammond alone, the sum Of S20.S4, be
| ing the amount of State and county taxes
for said year
The bill further states that ON the 24th day
of September, 1892, Uriah NJ. stanton, Treas
urer of Garrett county for 1890 and 1891. ad-
| vertiSed and sold all Of said Military Lots to
| George W. Spangler, now deceased, for the
delinquent taxes of said Mary Hammond for
| 1891. and that although said Spangler was
acting as their agent and entrusted with the
| care of their property in Garrett county he
fraudulently suffered said lands to be sold
for the purpose and intent of acquiring title
| thereto in himself and that the plaintiffs had
no notice of the proceedings under which
their said lands were sold until long after
the sale, it's report and ratification by the
| Circuit Court for Garrett county, nor any
notice thereof until long after the time for
the redemption of same had expired. and a
| certified copy of said TreaSurer'S deed to
| said Spangler is exhibited with the bill.
The bill further states that on the 14th of
| October, 1898, said George w. Spangler and
| wife sold nine of said lots to the defendant,
| william II. Ruppel, tQ-wit: Military Lots
Nos 2229, 223O, 223, 223, 225, 2237, 223S 239 and
2240, a copy of said deed being exhibited
| with the bill, the same containing special
| warranty to said Ruppel; that said Spang-
| lerS are financially responsible and said
Ruppel can be saved harmless by proceed
| ings under said warranty against them that
| on the 9Th day of October 1900, said Ruppel
and wife sold to j. Frank Torbert said nine
aforementioned lots, deed for the same be
ing exhibited with the bill that said Ruppel
is financially responsible and said TOrbert
can be saved harmless by proceeding against
him; that plaintiffs are now and will here
after be at all times ready and willing to re
pay the amount for which said lands were
| sold to said Spangler, tO-Wit: SSl.l5, to-
gether with the interest thereon and all law
ful and proper expenses i'll order to redeem
said property.
The bill further states that said tax sale
was without authority of law and utterly
null and void; that under the provisions OF
Chapter 566 of the Acts of 1890, the Treasurer
| of Garrett county is required in the first
week in December in each year to publish in
two newspapers of Garrett county and no
tice at the court house door and five most
public places in each election district in said
| county notifying all delinquent tax payers
that the payment of taxes due and in arreal
will be enforced by advertisement and sale
unless paid by the first of January following
which notices were not given as required by
| said law.
The bill further states that when Sai(
Treasurer advertised said lands for sale ht
| did not lay off portion of said lands and sci
| them for said taxes but sold the whole thir
| teen lots of 80 acres each, aggregatin9 63
acres for SSl.15, although said lands were as
Sessed in 1891 at $1SOO.0O, when the sale of an,
two of said lots would have satisfied Sai(
taxes, interest and costs; that said Treasures
did not give notice at the time he advertised
said lands by hand bills set up on and neal
said property, at the court house door an(
at at least five other places in the distric
where the property is located, nor of th
quantity of land offerefl for sale and the 10
cality where located, nor did said advertise
ment give the name of the grantor of tn
plaintiffs, there being record evidence o
Garrett county, although said Act of 1890 re
quired him to do so; that the taxes levied TO
the year 1891 were improvidently assessed il
bulk and not upon the several Military lot
| by number and separately.
The bill further states that the said dec
from Stanton to said Spangler and the deet
from Spangler and wife to said Ruppel AM
, | the deed from Ruppel and wife to SAID Tor
= bert are cloud upon their title; that SAT-
| nine Military lots conveyed to Ruppel and b.
!. / him and wife to Torbert are uncultivate'
1 Tod. hot int in
: | session of the same but cannot sell the sam
, by reason of the doubt thereon and the clou
| upon their title, so long as said deeds remai
y | upon the Land Records of Garrett count
| and are remedileSS without the aid of thi
Court as a Court of Equity and are entitle
to a decree vacating, setting aside and can
| ceiling said deeds.
The bill then prayS for a decree vacating
! | setting aside and cancelling the aforesai
! | deed from Uriah NJ. Stanton, late Treasure
= = | of Garrett county, to the said George W
| Spangler, and likewise the deed from til
said George w. Spangler and wife to the sal
William II. Ruppel, and also the deed fro1
the said Ruppel and wife to the said Torbel
in so far as the same affects in any way tn
aforementioned nine Military lots, and re
. moving all of said deeds as a cloud upon til
. title of The plaintiffs and for general relic
!, for the writ of subpoena against the sal
. Catharine Spangler, Virginia Spangler, Wi
. liam II. Spangler and Nellie, his wife, res
= dents of Maryland, commanding them to al
= pear in this court upon certain day to b
q named herein and show cause, if any, VIII
:, a decree ought not TO pass as prayed, an
y also an order of publication giving notice t
u the said Park NJ. Spangler and Bertha, h
:, wife, William II. Ruppel and Minerva, h
Il wife, and j. Frank Torbert, who are nOI
u residents of this State, of the object and sui
IL stance of this bill of complaint and warnin
, them and each of them to be and appear !
e this Court upon some certain day to ]
therein named to answer the premises an
show cause, if any they have, why deere
ought not to be passed as prayed.
1t is thereupOn, this Both day of OctObe
1900 ordered, by the Circuit Court for Ga
rett county, in Equity, that the plaintiffs
causing a copy of this order to be inSerte
in some newspaper published in Garre
5 county ence in each of four successive weel
4 before the Both day Of November, 1900, giv
tt notice to the said absent defendants of Il
z, object and substance Of this bill, warnil
0, them to appear in this Court in person or
63 solicitor, on or before the 18th day of Decer
lie Der next, to show cause, If any they hav
E" why decree ought not to be passed
le prayed. .. -
E. f. Il. TOWER, Clerk
True copy-test:
E.Z. TOWER, Clerk.
LAND FOR SALE!