The Republican. [volume] (Oakland, Md.) 1877-current, 1900-04-05
Order Of Publication.
The Second National Bank of Cumberland
Maryland, VS.. Elizabeth limbaugh,
rhaddeus C. Hinebaugh and
Minnie limbaugh, his

Minnie limbaugh, his
wife, ct al.
No g92 Equity. In the Circuit Court for Car
rett County.
The object of this suit is to procure decree
vacating, annullng and declaring void a
certain deed from William limbaugh to
Elizabeth Hinebaugh, his wife, and subject
ing the real estate therein described I and the
personal property of which the said vii lam
limbaugh died seized and possessed, to the
payment of q claim of the plaintiff.
The bill states that on the 5th day of Aug
ust 1896, Minnie limbaugh and I. C. Hine-
baugh made their certain promissory note
| for the sum Of $15 OOpayable thirty days after
| date, to the order of one William limbaugh,
which note was endorsed to the plaintiff by
| the said William limbaugh and one S. &.
| Boyer before maturity, for value received;
| that said note was duly presented for pay
ment at its maturity, but was not paid, and
was proteSteh according to law, or all or
which facts the said William Hinebau9h had
| due, legal and proper notice
| The bill further states that the said Minnie
limbaugh and ThaddeuS c. limbaugh, 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. Z. Boyer
| 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 held 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 or
| which facts the said William limbaugh had
| due, legal and proper notice.
The bill further states that when said notes
| were discounted by the plaintiff the said
| william Hlnebaugh was seized and possessed
| Of the record fee simple title to valuable real
| nnrSOnn1 nrOnnItU nv
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
| said 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, q
| deed for all his property, real and personal,
for the pretended and simulated considera
| ton of $}50OOO, which consideration, the bill
| charges, was never paid, but was pretend
| ed consideration only, and that said deed
was voluntary conveyance from the said
| Hinebaugh to his said wife, and that the
| same was withheld from the records OF Gar
| rett county until April 27th, 1897, before
which time the said Hinebaughs 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
| the plaintiff, and that it was made for the
| purpose of delaying, hindering and defraud-
| ing the plaintiff and other creditors Of said
Hinebaugh in 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, interstate, and left
no property, either personal or real, what
| ever, except that described and attempted
to be conveyed by the aforesaid deed, and
consequently no administration was ever
| granted upon his estate, and leaving the fol-
lowing heirs at law: James o. Hinebaugh,
| Mary Il. Boyer, wife of s. f. Boyer, Thaddeus
G. Hinebaugh, intermarried with Minnie
| Hinebaugh, Mahon c. Hinebaugh, Martha
Robinson, wife of John G. Robinson, Will
liam G. Hinebaugh, Wade H. Hinebaugh.
Arthur limbaugh and Lucinda Hinebaugh,
all of whom are proper parties to this suit;
that Notwithstanding the execution OF said
Ceed and said 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 and insolvent, and apart
from the property so conveyed had no means
of paying his debts; that said conveyance
was fraudulently made and for 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 Hinebaugh, the
grantee in said deed. at the time of the exc
cution thereof.
The bill further charges that said notes
cannot be made ont or 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 Hinebaugh to said Elizabeth
limbaugh for said real estate and personal
property may be declared void, vacated and
annulled; that said real estate and personal
property may be subjected to the nagment
of the PLAINTIFFS claim, and for genera -
lief, and also for process against the def"''o
ants above named.
1t is further alleged in petition flee
said cause on the 18th day of March, l900t
said Thaddeus C. limbaugh and Minnie
Hinebaugh 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 in this State.
1t is thereupon adjudged and ordered this
27th day of March, 1900, by the Circuit Court
for Garrett county, sitting in Equity that
the plaintiff, by causing a copy or tbs order
TO be inserted in some newspape shed
i'll Garrett county once i'll each sue
cesSive weeks before the 26th d u April.
1900, give notice to the said absenJ defend
ants, Thaddeus G. limbaugh and Minnie
Hinebaugh, his wife, of the object and sub
stance of this bill; and warn them to appear
in this Court in persLn 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.
Trina oof,X- TaSt. II ToNupu CIarE