The Republican., 1900-11-22
Edward H. Sincen and julius C. Renninger,
Solicitors.
Order Of Publication.

No. 1912 Equity. In the Circuit Court for |
Garrett County.
The object of this suit is to procure a de
cree vacating, setting aside and removing |
as cloud upon the title Of the plaintiffs a
deed executed by Uriah NJ. stanton, late
Treasurer OF Garrett county. to George W.
Spangler, now deceased: deed from said
Spangler and wife to William II. Ruppel,and
deed from said Buppel and wife to J. Frank
Torbert in so far as said deeds affect the
plaintiffs title to Military Lots Nos 2229.
223O, 223l, 2233 2935, 2237 2223S, 2239 and 2240.
The bill states that in 1874 the plaintiffs
Emma Hammond, Louisa Hammond and
Anna Gross then Anna Hammond but who
has since intermarried 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
vivin% him as his only heirs at law the plain
tttfS, became seized and possessed of Military
Lots Nos. 2229. 2220, 2223l, 22, ::22}3 2234 223j
2236, 2231, 2?3S. 2!39, 22lO and 224l, situate i'll
Garrett county, by deed from one Thomas
Hammond. the owner in fee at that time Of
said lots, and certified copy of the same is
exhibited with the bill that under said deed
said grantees took possession of said 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
Catharne Spangler ana rather or Virginia,
Park VI. and William II. Spangler said Park
VI. and William H. Spangler having respect
lively intermarried with said Bertha and
/
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 Commis-
| SiOnerS of Garrett county in 1891 levied on
| said Military Lots, they being assessed to
| Mary Hammond alone, the sum of $50. 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
1 6a11 nf f,aih ISAts-
| 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 We're sold until long after
| the sale, its 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 l4th Of
| October 1898, said George w. Spangler and
wife sold nine of said lots to the defendant,
william H; Ruppel; to-wit: Military Lots
Nos. 229 a}0 223l .S3, 22S}5 22:31 92;}S, .}9 and
2240, a copy of said deed being exhibited
with the bill, the same containing a special
warranty to said Ruppel; that said Spang
| lerS are financially responsible and said
Ruppel can he 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 a 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 plaintifs 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: SSll5. to
| gether with the interest thereon and all law
| ful and prOper expenses in order to redeem
said property.
The bill further states that said tax sale
| was without authority of law and utterly
nun and void: that under the provisions of
Chapter 5G6 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 ueWSDa DerS of Garrett county and a 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 arreaT
| 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.
rr,, ,,;,, q,a.,,,, .+,4,, .to. ,.,,, .;,
ni! StGeS ai U1ldC Mie saIu h
IA 80 a. ~ 9 ~ Tti' re ~ 20 III ,S III
th f "a "a 20 20 @ oI M I'M II 90 ~ " i ~
tnen Iot @f "a acreS eocb f5(
o,as fn,. SSi X aithon,S said I9S ~e oo'
eSSod in fSai a. SIsa0 M ,y%an tha SaIe of I
II, G ~ a. E h Tiat 0ao "a a. a -
@ tmo VI itt o1u I!a H t it% td iS T , naio
"a 90 ~ & ti d t t tinr %
| 1JcIN I,a,, GOT,
@ said iaus nS manu- ~ ollls t SCI u, vi anu anu neai
oalu ~ IoPei ~ az Iile COl hGot CioVi
az az les.SC S Nv June Pldoeo ~ Uiie uIsUi ~ ~ ~
MneIe Gne pioPeLsg ,,gs Is o1aCGu' nor 1l Gll'
VI iiu oS oa9i @ 1 10 S''de iiu uiiS ~
caIlvS MIetS loSaUeu' noi 4 Ilu siu s U.s. ~,
SsNe t tiie diG VI i oe a ~ Viit
bai blailiCllis; d Ineie pellis IecoLu eEiuenGe "
,.t sai t oeeu ai1S Hle "a e IooG s ~ ~
@ eIG Gou.lUS ~ aiCQuSn "a. Se AZ " f Io99 s
Iureu mn ID 10 'lo So IlidC Gle lakes leVleC lo
GLe yeaI los. were @ aSsesseq u. II
Dulh anu lloC Upon n, Ilie several MhlCary loC
ny h1liiiper anu separately
The bill further states that the said deet
from Stanton to said Spangler and the deet
| from Spangler and wife to said Ruppel an(
the deed from Ruppel and wife to said Tor
bert are Il cloud upon their title; that sale
nine Military lots conveyed to Ruppel and b,
him and wife to Torbert are uncutivateC
and unoccupied; that plaintiffs are in pos
session of the same but cannot sell the sam,
by reason of the doubt thereon and the clouC
upon their title, so long as said deeds remail
upon the Land Records of Garrett count
and are remediless without the aid of this
Court as Court of Equity and are entitled
to a decree vacating, setting aside and can
ceiling said deeds.
The bill then prays for decree vacating
setting aside and cancelling the aforesaid
deed from Uriah NJ. Stanton, late Treasures
of Garrett county, to the said George w
Spangler, and likewise the deed from tn