The Republican. [volume] (Oakland, Md.) 1877-current, 1900-04-19
Order Of Publication.
The Second National Bank of Cumberland
Maryland, VS.. Elizabeth Hinebaugh,
Thaddeus C. Hinebaugh and
Minnie Hinebaugh, his

wife, ct al.
No. 992 Equity. In the CircuitCourtfo for Gar
rett County.
The object of this suit is to procure a decree
vacating, annulling and declaring void
certain deed from William limbaugh to
Elizabeth Hinebaugh, his wife, and subject
ing the real estate therein described and the
personal property of which the said William
Hinebaugh died seized and possessed to the
payment of claim of the plaintiff.
The bill states that on the 18th day of Aug
ust, 1896, Minnie Hinebaugh and II. G. Hine-
baugh made their certain promiSsory note
for the sum of SIS 90 payable thirty days after
date, to the order of one William Hinebaugh,
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 protested according to law, of all OF
which facts the said William Hinebau9h had
due, legal and proper notice.
The bill further states that the said Minnie
limbaugh and Thaddeus c. Hinebaugh, her
husband, made their certain other prorniS-
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 5th 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. Il. Boyer
to the plaintiff for value received and before
maturity who thus became the holder and
owner thereof. and this note was given as
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 limbaugh 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 possess
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 nth 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 $350O.G0, which consideration the bill
charges, was never paid, but was pretend
ed consideration only, and that said deed
was a voluntary conveyance from the said
limbaugh to his said wife, ana 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
limbaugh 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, intestate, 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 L. Boyer, wife of S. e. Boyer, Thaddeus
G. Hinebaugh, intermarried with Minnie
limbaugh, Mahlon G. limbaugh, Martha
Robinson, wife of John G. Robinson. Will
liam G. Hinebaugh, Wade II. limbaugh,
Arthur Hinebaugh and Lucinda limbaugh,
all OF whom are proper parties to this suit
that Notwithstanding the execution of said
coed 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 insolvept. 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 We're
known to the said Elizabeth limbaugh, the
grantee in said deed, at the time OF the exc
cution thereof
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
Hinebaugh 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 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 a petition filed in
said cause on the 10Th day of March, 1901, 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 in this State
1t is thereupon adjudged and ordered this
9th day of March, 1900 by the Circuit Court
for Garrett county, sitting in Equity, that
the plaintiff, by causing q copy of this order
to be inserted in some newspaper published
in Garrett county once i'll each of three sue
cessive weeks before the 10Th day of April.
1900, give notice to the said absent 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 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. a. TOWER, Clerk, 3-4