The Republican. [volume] (Oakland, Md.) 1877-current, 1900-03-29
Order Of Publication.
The Second National Bank of Cumberland,
Maryland, VS.. Elizabeth limbaugh,
Thaddeus C. limbaugh and
Minnie Hinebaugh, his


Thaddeus G. Hinebaugh and
Minnie Hinebaugh, his
wife, ct al
No. 9a2 Equity. In the Circuit Court for Gar
rett County.
The object of this suit is to procure a decree
vacating, annulling and declaring void a
| certain deed from William Hinebaugh to
| Elizabeth limbaugh, his wife, and subject
| ing the real estate therein described and the
personal property of which the said vii lam
| limbaugh died seized and possessed to the
| payment of a claim of the plaintiff.
| The bill states that on the 5th day OF Aug-
| uSt, 1896 Minnie Hinebaugh and T. C. Hine-
baugh made their certain promissory note
| for the sum of SIS GO payable thirty days after
date, to the order of one William Hinebaugh.
| which note was endorsed to the plaintiff by
! the said William Hinebaugh and one S. H.
| Boyer before maturitS, for value received;
that said note was duly presented for pay
| ment at its maturity, but was not paid and
was protestdh according to law, of all of
| which facts the said William Hinebaueh had
| due, legal and proper notice.
| The bill further states that the said Minnie
| HlneDauSh and ThaddeuS c. Hinebaugh, her
| husband, made their certain other promis-
| sorry note payable to the order of the said
| William Hinebaugh, for the sum of $4,000.
| sixty days after date for value received dat
| ed the 9TH day of December, 1896, PAYABLE at
the Second National Bank of Cumberland
Maryland, Which said note was endorsed by
the said william limbaugh and s. E. Bower
| to the plaintiff for value received and before
maturity, who thus became the holder and
owner thereof, and this note was given as a
renewal for prior note he'd by the plaintiff
against said parties; that said note was duly
presented for payment at its maturity. but
was not PAID and was protested for the non
payment thereof, according to law, of all OF
which facts the said William Hinebaugh had
due, legal and proper notice.
The bill further states that when said notes
were discounted by the plaintiff. the said
William Hinebaugh was seized and possessed
OF the record fee simple title to valuable real
and personal property in Garrett county,
and was in full. open and notorious posses
sion of the same, and that upon the strength
and credit of his ownership and possession
of said property, the plaintiff discounted
sad notes, but after the execution of one of
said notes and before the execution of the
other, tO-wit on the 18th day of November
1896, the said William Hinebaugh executed to
the said Elizabeth Hinebaugh, his wife,
deed for all his property, real and personal,
for the pretended and simulated considera-
ton of $35OOO0, which consideration, the bill
charges, was never paid, but was q pretend
ed consideration only. and that said deed
was voluntary conveyance from the said
Hinebaugh to his said wife, ana that the
same was withheld from the records of Gar
rett county until April 9th, 1897. before
which time the said Hinebaugh's liability
had become fixed; that the execution of said
deed was unknown TO the plaintiff until it
was put upon record and that it was with
held from the plaintiffs knowledge and from
record for the express purpose of deceiving
purpose of delaying, hindering and defraud-
ing the plaintiff and other creditors of said
limbaugh i'll the collection of their said
debts.
The bill further states that early in the
month of June, 1897, the said William Hine-
baugh departed this life. intestate, and left
no property, either personal or real, what
ever except that described and attempt al
to be conveyed by the aforesaid deed, and
consequently no administration was ever
granted upon his estate, and leaving the fol-
Mary q. Boyer, wife of S. E. Boyer, Thaddeus
G. limbaugh, intermarried with Minnie
limbaugh, Mahlon C.. Hinebaugh, Martha
Robinson, wife of John g. Robinson, Will
liam G. limbaugh, Wade II. limbaugh,
Arthur limbaugh and Lucinda Hinebaugh,
all of whom are proper parties to this suit;
that notwithstanding the execution of said
Geed ana sad pretended sale, the said Hine-
baugh continued to live in and occupy said
property and use the same as his own up to
the date of his death.
The bill further charges that at the time
said limbaugh made said deed he was
largely indebted ar" lolyent, and apart
from the property so conveyed had no means
of paying his debts: that said conveyance
was fraudulently made and for a simulated
and pretended consideration. and was made
to hinder, delay and defraud the plaintiff and
the other creditors of said limbaugh of
their just and lawful debts. and that these
facts and said fraudulent intent were
known to the said Elizabeth limbaugh, the
grantee in said deed, at the time of the exc
CuJlOu UutEtOl.
The bill further charges that said notes
cannot be made out OF the other parties
thereto; and neither of said notes have ever
been paid to plaintiff, or any part thereof.
The bill then prays that said deed from
said William limbaugh to said Elizabeth
limbaugh for said real estate and personal
property may be declared void, vacated and
annulled; that gid real estate and personal
property may : subjected to the payment
of the plaintiffs claim, and for general re
lief, and also for process against the defend
ants above named.
1t is further alleged in petition filed in
said cause ON the 10Th day Of March, 1900 that
said Thaddeus c. limbaugh and Minnie
limbaugh, his wife, had removed from the
State of Maryland since the bill was filed and
| are now residents of the City of Alexandria,
| in the State of Virginia, and hence process
cannot be served on them i'll this State,
1t is thereupon adiudged and ordered this
9th day of March, 1850, by the Circuit Court
for Garrett county, sitting in Equity, that
the plaintiff, by causing copy of this order
to be inserted in some newspaper published
in Garrett county once in each of three sue
| cessive weeks before the 18th day of April.
ants, Thaddeus C. HinebaUgh and Minnie
limbaugh, his Wife, of the object and sub
stance of this bill: and warn them to appear
in this Court in pers II or by solicitor on or
before the 18th day of May, 1890, to answer the
premises and show cause, if any they have,
why decree ought not to pass as prayed.
EDWARD STAKE.
True copy-Test: e. u. TOWER, Clerk "a