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

wife, ct al.
No. 993 Equity. In the Circuit Court of Gar
rett County.
The object of this suit is to procure a decree
for the sale Of the real estate of william
limbaugh, deceased, or so much thereof as
may be necessary for the payment of the
claims of the plaintiff and those of the other
unsecured creditors of said limbaugh.
The bill states that the plaintiff sues as
well for itself, aS all other creditors of Will
lam limbaugh, late of Garrett county, who
may come in and contribute to the expenses
of this suit; that a certain William Hine-
baugh of Garrett county, was, in his lifetime,
indebted to the plaintiff in the sum of $550.17
on CyVo certain promiSSOry notes drawn by
Minnie Hinebaugh and 7. G. limbaugh to
the "rder of said William limbaugh as fol-
| lows: One dated August ), 1896, payable
| thirty days after date, for the sum of $500,
and one dated December 18th, 1896, payable
sixty days after date, for the sum of $4,000.
both of which said notes were, before matu-
| rity, endorsed by the said William Hinebaugh
and discounted by the plaintiff. for value and
before maturity, and at their maturity were
duly presented for payment but We're not
paid by the makers thereof, and were duly
protested. and due and proper legal notice
thereof sent to the said William Hinebaugh
and 5. e. Boyer,who was the second endorser
on said notes. and both of said notes are still
due and unpaid to the plaintiff.
The bin further states that said William
plaintiff and to divers other persons,
and being seized and possessed of
real and personal property in Garrett
county aforesaid sometime in the early part
of the month of June, 1897, departed this life,
interstate, leaving surviving him his widow,
Elizabeth Hinebaugh, and the following
children as his only heirs at law; James o.
Hinebaugh, Mary E.. Boyer, Thaddeus C.
| Hinebaugh, Mahlon G. limbaugh, Martha
Robinson, Wade II. limbaugh, William G.
limbaugh, Arthur limbaugh and Lucinda
Hinebaugh; that Elizabeth limbaugh, wife
of said William Hinebaugh, lays claim to all
his personal property under a deed from said
limbaugh which plaintiff alleges to be
fraudulent and void, and intended to
delay, hinder and defraud said Hinebaugh's
creditors, including the plaintiff, to the
knowledge of the said Elizabeth Hnebaugh
and to have been a voluntary transfer of his
property, said Elizabeth limbaugh having
paid no good and valuable consideration
| therefor, and the same is void as against the
plaintiff and other creditors of id Hine-
Daugh, which said fraudulent deed plaintiff
has taken steps in this court to vacate and
| annul, there being for these reasons no ad-
ministration taken out upon the estate of the
said limbaugh.
The bill further charges that the said per-
sonal property of said limbaugh, even if
turned over by said Elizabeth Hinebaugh to
a proper administrator of said limbaugh,
would be entirely insufficient to pay all his
just debts and plaintiff charges that it and the
other creditors are entitled to have their
claims PAL. out of the real estate of said de
ceased in the hands of his heirs at law, and
that as said Elizabeth is claiming said prop
erty under said fraudulent deed she is a
proper parry W UueSe proceedings.
The bill then prays that the real estate of
the said William limbaugh, deceased, or so
much thereof as may be necessary, be sold
for the payment of the claims of the plaintiff
ana of those of the other unsecured credi-
tors of the said William Hinebaugh, and for
general relief, and for process against the
said defendants above named.
1t is further alleged in a petition filed in
said cause on the 18th day of March, 1900, that
said ThaddeuS c. and Minnie Hnebaugh his
wife, had removed from the State of Mary
land since the bill was filed and are now res
idents of the City of Alexandria, in the State
of Virginia, and hence process cannot be
served on them in this State.
1t is thereupon adjudged and ordered this
9th day of March, 1890, 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 Goth day of April,
| 1900, give notice to the said absent defend
ants, Thaddeus G. limbaugh and Minnie
limbaugh, his wife, of the object and sub
stance of this bill; and warn them to appear
in this Court in person or by solicitor on or
before the 18th day of May, 1900, 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. z. TOWER, Clerk "a