The Republican., 1900-11-01
Edward H. Sincell and Julius C. Renninger,
Solicitors.l
Order Of Publication.

VS..
Catharine Spangler, Virginia Spangler, Park
NJ. Spangler and Bertha Spangler, his
wife, William H. Spangler and Nellie
Spangler, his wife, William H. Ruppel
and Minerva Ruppel, his wife, and j.
Frank Torbert
No. 10sA Equity. In the Circuit Court for
Garrett County.
The object of this suit is to procure de
Greg Yacating. setting aside and removing
as &cFoud upon the title of the plaintiffs
deed executed by Uriah NJ. Stanton, late
Treasurer of Garrett county, to George w.
SparAkler, now deceased; a deed from said
SpanEler and wife to William H. RuppeLand
deed from said Ruppel and wife to j. Frank
Torbert in so far as said deeds affect the
plaintiffs title to Military Lots Nos. 2s229,
2S3O, 223l 2233 22235, 2237, 223S, 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 H. Boteler
Cross together with Ellen Burns, now dead
intestate, leaving surviving her as her only
heir at law E. Fielder Burns, and II. Clay
Hammond, now dead intestate, leaving sur
viving him as his only heirs at law the plain
ttffs, became seized and possessed of Military
Lots Nos. 229. 22;SO 223l 22sS2, 2233, 224, 2235,
1886 22231, 223S, 2239, 2240 and 2241, 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
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 NJ. and William II. Spangler said Park
NJ. and William II. 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 Commis
s1oners of Garrett county in 1891 levied on
SAID Military Lots, they being assessed to
Mary Hammond alone, the sum of $20a, 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
yertised and sold all of said Military Lots to
George w. Spangler now deceased, for the
delinquent taxes of said Mary Hammond for
1881, 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
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 14th of
October, 1898, said George W. Spangler and
wire wife sold nine of said lots to the defendant,
VII MIllam am H. Hoo oRuppel, toxwit: Military Lots
Nos. 29. 22, 2l, 2S3, 2235, 2237, 2223S 22239 and
2240, 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
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
nm; 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: $S1.15, to-
gether with the interest thereon and all law
ful ana proper expenses in 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
tlce 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 arrear
VIII 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 thir-
teen lots of 80 acres each, aggregating $50
acres for $Sl15, although said lands were as
seSsed in 1891 at $lS0000, when the sale of any
two of said lots would have satisfied said
taxes, interest and costs; that said Treasurer
dld not give notice at the time he advertised
Sald lands by hand bills set up on and near
SAID property, at the court house door and
at at least five other places in the district
where the property is located, nor of the
quantity or land otferefi for sale and the 10
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-
quired him to do so; that the taxes levied for
the year 1881 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 Rupbel and
the deed from Ruppel and wife to said Tor
pert are cloud upon their title; that said
nine Military lots conveyed to Ruppel and by
him and wife to Torbert are uncultvated
and unoccupied; that plaintiffs are in pos
session or 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
ana 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 a 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 a cloud upon the
title of The plaintiffs and for general relief,
Catharine Spangler Virginia Spangler, Will
liam IL. Spangler and Nellie, his wife, resi-
dents OF Maryland, commanding them to ap-
pear in this court upon 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 Fl. Ruppel and Minerva, his
wife, and j. Frank Torbert, who are non
| residents of this State, of the object and sub
stance of this bill of complaint and warning
tnlS Court upon some certain day to be
therein named to answer the premises and
show cause, If any they have, why a decree
ought not to be passed as prayed.
1t is thereupon, this Both day of October.
l9OO 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 in each of four successive weeks
before the Both day of November, 1900, give
notlce TO the said absent defendants of the
object and substance of this bill warning
them to appear in this Court in person or by
ltnif ifgaNga \ &C. a..