The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1904-04-16


Mortgage, Plaintiff, VS.. Susannah More
lock, ct al, Mortgagors, Defendants.
In Re. Bill of Complaint of Aggie NJ. More
lock.
The object of this suit is to procure decree
of said Court for the distribution of certain
funds in the hands of Calvin 7. Fringer, as
sguee of mortgage, among the creditors OF
Susannah Morelock, deceased.
The Bill of Complaint states
LIST. That Susannah Morelock was in her
lifetime indebted unto your oratrix in the
sum of One Thousand Dollars on promissory
note, dated January 3rd, 1908, payable one
day after date, which sum is now overdue and
unpaid; said promissory note is filed in said
cause and marked Exhibit c.
2nd That the said Susannah Morelock de.
parted this life intestate in Carroll county,
State of Maryland, on the 18th day of May,
| 1908, leaving surviving her her husband
| Samuel Moreock, and the following children,
her only heirs att law, namely: Nicely A.
| Frock, who is married TO John Fl. Froek;
Mary c. StOner, who is married to Charles B.
Stoner; Virginia r. Martin, who is married to
| David Martin; Jacob 0. Morelock, who is
married to Elizabeth Morelock; all defendants
| in the above entitled cause.
3rd. That the said Susannah Morelock
| left, at the time of her death, personal prop.
erty of the value of about $33l.00 which is
largely insufficient to pay her debts.
4th. That the said Susannah Morelock was,
at the time of her death, seized and possessed
of farm containing l67 acres of land, more
| or less. situated in the county and state afore
said, which farm is fully described in the deed
of mortgage filed in this cause and marked
Exhibit B.
9Th. That said Susannah Morelock, to
| gether with her said husband. Samuel More
! lock, did. on the 9lh day of April, 1891, exc
| cute and pass unto a certain Thomas Coakley
| their joint and several promissory note for
| $4,000. payable II months after date, bearing
| interest from date; to secure said promlssory
note did execute TO the said Thomas Coakley
Il deed of mortgage bearing even date with
said promssory note, which deed OF mortgage
/ is duly recorded among the Real Estate Mort
! gage Records of said county, in Liber b. +.
! c.. No so. folio 439, &c; that said mortgage
| and note were subsequently, to.wit, on the 9Th
/ day of April, A. D., 1894 assigned TO Sarah
| r. Fringer, wife of Calvin L. Friuger, and
/ that subsequently, on the 10th day of June,
/ 1903. said Sarah r. Friuger assigned said
I promissory note and deed of mortgage 10 the
| said Calvin T. Fringer for collection.
! 9Th. That the said Calvin I. Fringer did
on the 1lth day of July, 1903, sell said real
/ estate which the said Susaunah Morelocb
/ died seized aud possessed and which is de
/ scribed in said deed of mortgage, TO David ii.
I Lester al and for the sum of $4,000, as by
4 reference 10 the report of sale filed III the
above entitled cause will fully show.
1 7th. That letters Of administration on the
} personal estate of the said intestate were
| granted unto the said Jacob o. Morelock by
| the Orphans Court Of Carroll county, atore
1 said as by reference to exemplideation OF hl:
4 letters herewith fled, marked EXHIBIT d,
/ will fully show.
! sth. Tha, the said Jacob o. Morelock die
sell the personal property of the said interstate
9th. That your Oratrix is advised and be
/ lieves that, after the payment of the amount
/ due on said mortgage note and mortgage anc
/ proper expenses, there will be surplus O
! about $500. 90. which surplus should be ap
I Piled to the payment Of the said amount due
/ your orairix aud other creditors of said mites
/ tate according to their legal Priorities.
/ 10Th. That all the parties to this cause arr
+ adults, above the age Of twenty one wears, ant
I that they all reside In Carroll county, Mary
I land, except the said Mary c. Siouer ans
I Charles b. Siouer. her husband. who reside
/ Adams county. in the Stale Of Penusyl
[ yRnia.
/ To the end, therefore,
tAl That the said Jacob .. Morelock, ad
uinistrator, may set forth IN his answer al
/ account of the personal estate Of the said Ia
J ,es;ate. how much thereof has been disposed
OF by him in payment OF sald interstate debt
{ or otherwise, and what debts remain unpaid
(Bl That said Calvin I. Friuger, assignee
OF assignee OF mortgage, may SET forth ia b.
answer an account Of the proceeds Of the sal'
sale Of the said mortgaged property.
tC) That an account may be taken unde
the direction Of the Court Of the said debts, a
aforesaid. due 20 your oratrix and other cred
/ tors OF said iutestats, remaining unpaid Of IN
1 personal estate Of said iatestate, and also q
{ the proceeds OF the said real estate.
(D) That the balance Of proceeds Of sal
I personal property. If any, aud the balance Q
the proceeds OF said mortgaged real estate
after the payment OF the proper expenses an
charges, may be applied to the payment OF tn
said claim of your oratFiN aud the claims Q
all other creditors OF the said interstate accord
ing 10 their legal priority.
(El That your oratriS may have sue
other and further relief as she 10 Equity ma,
be entitled, that William B. Thomas wa
made party plaintiff IA the above entiIle
cause on December 18th, 1903.
Ii Is thereupoH ordered, this 18th day c
March, A. D., 1904, by the Circuit Court 70
Carroll county, sitting IN Equity, that III
plaintiff. by causing a copy Of this order TO b
inserted IN some newspaper published IA Cai
roll county, aforesaid, once IN each Of tou
successive weeks before the 18th day Of Apr
1904, give notice TO the said Mary c. Stone
and Charles Z. Stouer. heg husband, an
warn them 10 appear in the said Court, j
person or By solicitor, on or before the 81
day of May. A. D., 1894. TO show cause,
any they have, why decree ought not to b
passed as prayed.
DAVID p. SMELSER, Clerk.
True Copy,-Test;
marie 81 DAVID p. SNELsER, Clerk.