The Republican., 1900-11-15
Edward H. Sincen and Julius C. Renninger,
Solicitors.
Order Of Publication.

: I COUWJN. TTOlVp
Spangler, now deceased: a deed from said
| Spangler and wife to William II. RuppeL and
| a deed from said Ruppel and wife to j. Frank
| Iorbert IN so far as said deeds affect the
plalntlnS Title TO Military Lots Nos. 1929
IU 22}l, !!}3, 2}j, ,,!!}1 22:2}S, 2.239 and 2240
The bill states that in 1874 the plaintin.
| Emma Hammond, Louisa Hammond and
| Anna Gross then Anna Hammond but who
has since intermarried with IL. BOtelel
| Gross together with Ellen Burns, now dead
| inteState, leaving surviving her as her OnlN
| heir at law f. Fielder Burns, and H, ClaX
| Hammond, now dead inteState leaving suT-
| viving him as his only heirs at law the plain
ttffS, became seized and possessed of Military
| Lots Nos. 2229. 2230, 2231, 22;S2 22}3 2234 2235
23t' 2jI, 22}S. 2!2239, 224O and 22il, 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 bill that under said deed
SAID grantees took possession of said lands
| ana paid the taxes thereon as they fell due
| promptly until 1891 that a certain George
| W. SDangler, late of Allegany county, Mary
| land, deceased, who was the husband Ot
| Catharine Spangler and father of virginia
Park NJ. and William II. Spangler (said Park
| M. and William IL. Spangler having respect
iyely ntermarried with said Bertha and
| Nellie Spanglerl. 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 Commits
| Sioners of Garrett county i'll 1891 levied on
| said Military Lots, they being assessed tC
| 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 oath 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 nOtlce OF the proceedings under which
| thelr said lands were 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 II. Ruppel, to-wit: Military Lots
Nos. 2s9. 23O 2231 223 2235, 22337, 223S 2239 and
240, 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 be saved harmless by proceed
lhSs unqer sald 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
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: SS115 to-
gether with the interest thereon and all law
ful ana proper expenses in order to rede I'm
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
CAapter l66 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 a no
tice at the court house door and five most
public places in each election district in said
county nOtlfVlng all delinquent tax payers
that the payment of taxes due and in arrear
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 said
Treasurer advertised said lands for sale he
did not lay Off portion of said lands and sell
them for said taxes but sold the whole thr-
teen lots OF 5O acres each, aggregating $50
acres for $Sl.l5, although said lands were as
SeSSed i'll 1881 at SlSO0.OO, when the sale of any
two of said lots would have satisfied said
taxes, interest and COSTS that said Treasurer
did not give notice at the time he advertised
said lands by hand bills set up on and near
said property, at the court house door and
at at least hve other places in the district
where the property is located, nor of the
quantity of land offerefi for sale and the To-
cality where located, nor did said advertise
ment give the name of the grantor of the
plaintiffs there being record evidence of
their said deed among the land records of
Garrett county, although said Act of 1890 re-
CURED him to do SO; that the taxes levied for
the year 1891 were improvidently assessed in
bulk and not upon the several Military lots
by number and separately.
The bill further states that the said deed
from Stanton to said Spangler and the deed
from Spangler and wife to said Ruppel and
the deed Rlnnpl tn
bert are cloud upon their title; that said
nine Military lots conveyed to Ruppel and bV
him and wife to Torbert are uncultivated
and unoccup1ed; that plaintiffs are in pos
session of the same but cannot sell the same
by reason of the doubt thereon and the cloud
upon their title, so long as said deeds remain
upon the Land Records of Garrett county
and are remedileSS without the aid of this
Court as Court of Equity and are entitled
to 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 Treasurer
of Garrett county, to the said George w.
Spangler, and likewise the deed from the
said George w. Spangler and wife to the said
william II. Ruppel, and also the deed from
the said Ruppel and wife to the said Torbert
in so far as the same affects in any way the
aforementioned nine Military lots, and re
moving all of said deeds as cloud upon the
title of che plaintiffs and for general relief,
FOR the writ OF subpoena against the said
Catharine Spangler, Virginia Spangler, Will
liam H. Spangler and Nellie, his wife, resi-
dents of Maryland, commanding them to ap-
pear in this court upon a certain day to be
named herein and show cause, if any, why
decree ought not to pass as prayed, and
also an order of publication giving notice to
the said Park NJ. Spangler and Bertha, his
wife, William II. Ruppel and Minerva, his
wife, and }. Frank TOrbert, who are non
residents of this State, of the object and sub
stance of this bill of complaint and warning
them and each OF them to be and appear in
this Court upon some certain day to be
therein named to answer the premises and
show cause, if any they have, why decree
ought not to be passed as prayed.
1t is thereupon, this Both day of October,
1900, ordered, by the Circuit Court for Gar
rett county, in Equity, that the plaintiffs by
causing copy of this order to be inserted
in some newspaper published in Garrett
county ence i'll each of four successive weeks
before the 30th day of November, 1900, give
notice to the said absent defendants of the
object and substance of this bill, warning
them to appear in this Court in person or by
solicitor, on or before the 18th day of Decem-
Der next to show cause, if any they have,
why a decree ought not to be passed as
prayed.
E. Z. TOWER, Clerk
True cOpy-test:
u TOWER Clarly