The Republican. [volume] (Oakland, Md.) 1877-current, 1900-04-12
Order Of Publication.
The Second National Bank of Cumberland
Maryland, VS.. Elizabeth Hinebaugh,
Thaddeus C. Hinebaugh and
Minnie Hnebaugh, his

hIts CT al.
No 1872 Equity. In the Circuit Court for Gar
rett County.
The object OF this suit is to procure a decree
vacating, annulling and declaring void a
certain deed from william Hinebaugh 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 a claim of the plaintiff
The bill states that on the 5th day of Aug
ust, 1896, Minnie limbaugh and Il. G. Hine-
baugh made their certain promissory note
| for the sum of S15 20 payable thirty days after
date, to the order of one William Hinebaugh,
which note was endorsed to the plaintiff by
| the said William Hinebaugh and one S. f.
| Boyer before maturity, for value received;
| that said note was duly presented for pay
| ment at its maturity, but was not paid, and
was protestdd according to law, of all OF
| which facts the said William limbaugh had
due, legal and proper notice.
| The bill further states that the said Minnie
Hinebaugh and Thaddeus G. Hinebaugh, her
| husband, made their certain other promis-
| sorry note payable to the order of the said
William limbaugh, 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 Hinebaugh and S. e. 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 of
| which facts the said William Hinebaugh 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
| ana personal property in Garrett county.
and was i'll full, open and notorious posses
| sion or 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 limbaugh 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 $}5000O, 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
| 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 Hinebaugh's liability
had become fixed; that the execution of said
deed was unknown to the plaintiff until it
was put upon record and that 1t 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 E. Boyer, wife of S. e: Boyer, Thaddeus
G Hinebaugh, intermarried with Minnie
Hinebaugh, Mahlon G.. Hinebaugh, Martha
Robinson, wife of John G. Robinson, Will
| liam G. Hinebaugh, Wade II. Hinebaugh,
Arthur Hinebaugh and Lucinda Hinebaugh,
all OF whom are proper parties to this suit;
that notwithstanding the execution of said
deed 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 Hinebaugh 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 a simulated
and pretended consideration. and was made
to hinder, delay and defraud the plaintiff and
the other creditors of said Hinebaugh of
their just and lawful debts, and that these
facts and said fraudulent intent were
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 hamed.
1t Is further alleged in a petition filed in
said cause on the 18th day of March, 1900, that
said Thaddeus G. Hinebaugh 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
9th day of March, 1900 by the Circuit Court
for Garrett county, sitting in Equity, that
the plaintiff, by causing a 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. Hinebaugh 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.
Trile cOpY-Test. r. y Tower Clerk "A