The Democratic advocate., 1909-02-19

ORDER OF PUBLICATION.
NO. 445O EQUITY
N the circuit Court for carroll COUNT

In Carroll county, in this State.
The bill states
/. That certain Lizzetta ID.
/ Scheib. late of Baltimore city, deceas-
ed, owned at the time Of her death
I the land hereinafter described, and
dying testate, devised Il as follows
Il give and devise my farm in Car
roll county, Maryland, to my son Henry
A. Scheib for and during the term OF
his natural life, &c, and after his
death to my son, Edward e. Scheib,
In trust, for use OF children OF Henry
A. Scheib, should he leave any surviv-
ing, income, &c, to be divided amongst
children until youngest reached age
of n years. when trust Is to terminate
and said surviving children are TO
hold said farm absolutely as tenants
In common"
All Of which will fully appear by
reference to a certified copy OF said
viii herewith filed and marked "Ex
hibit A" which together with all other
exhibits filed In said cause is prayed
TO be taken and considered as part
OF his Bill Of Complaint
2. That by a eodlcil To- said will
the said Lizzetta D. Scbeib revoked
said Will as TO twenty acres OF the land
therein described. and devised said
twenty acres 10 her children. Edward
y. Scheib and Mary ~ Scheib n being
the portion OF said farm adjoining the
grave yard and running back to the
public road, all OF which will appear
by reference 10 Exhibit A."
g. That the son OF said iestairix
the said Henry A. Scheib. who is mem
TONED In said will Is long since de-
ceased. - well as the husband of the
said Idgzetta D. Scheib. aud the trust
in reference to said land has ceased
By reason Of the fact that the Com
plainant who Is the youngest son OF
said deceased Henry 4. Scheib. has
been for a long tlme over the age of
twenty years.
T. That the said Henry A. schelh
was survived by four children, viz. (:
Samuel " Scheib. Mary NJ. scheib
Edward s. Scheih and the Complain.
ant, John j. Scheib.
g. That the twenty acres devised
to the said Mary NJ scheib and Ed
ward y. Scheih was hy proceedings
duly had in Circuit Court No. 2. AZ
Baltimore City. sold hy a certain Ilv-
lnREtan ". Bennett. trustee appoint.
cd BY said Court. and was purchased
by certain Edward f. Scheib and
duly conveyed 20 him by deed dated
July 81. 1899. and recorded among
the Land Records Of Carroll County
who afterwards sold The same to the
said Samuel n. achpih. Edward n
sehelb aud MARY NJ scheib three oi
the children OF the anid Henry A.
Scheib. deceased. and duly conveyed
The same 90 them hY deed dated An.
gust ?. 1899. and duly recorded among
the Land Records OF Carroll County
Aforesaid IN Libar ]. II. B.. No. so
T folio f5i &c., n certified copy OF Hnld
deed being hicd and marked Exhibit
lH"
T 6. That the said John l.. scheib tho
Z Complainant, afterwards purchased
[ from bis brother and sister the aald
I Samuel II. Schelb and Mary ". scheib
/ all their right. title ard interest In
( the land left 20 them By their grand.
( mother ~ well a. the aforesaid twenty
acres. which they conveyed 10 him
bf their deed dated the 10th day ol
April 1907. and recorded among ths
I Land Records of Carroll County. &C.
q certified copy OF which IL herewith
I flled and marked Exhibit C." from
which a FUN aud complete description
Of said property at large appears. ieas
\ however ~ i-iO acres of said land
whtch was sold 20 the Baltimore AMI
Ohio Railroad. and conveyed 10 Il hy
/ deed dated July q. 1909. from Iuhr
Z J.. scheib and others, and duly record
ed among the Land Records of Carroll
I County aforesaid. In IlbsT D. z. 8.
I No. 81, folio ii9. &c. a certified cops
I Of which 10 filcd and marked "Exhibil
Id"
+ Z That said Edward y. schclb b.
/ ing seized and possessed ha afore.
/ said Of his undivided intereE; In sait
/ property granted and conveyed the
same unto certain iaona a. scheib
by way Of mortgage to secure the pay
meut OF si350.00. which mortgage 1,
dated March I. 1901. and duly recorded
among the Real Estate Mortgage Rec
ordR of Carroll County. In IAbcr ]
H. H.. No. i5. folio 4si. &C.. certi
fled copy OF said mortgage being filet
aud marked Exhibit r. which mort
gage debt the Complainant AYERS I;
stiil due and unpaid
/ 3. That the quantity OF land nov
remaining OF said tract In which th,
| Complainant has Y interest, ex
eept as 10 the 20 acres. in which hil
| interest lE go, consists OF farm altu
ated near Mt Airy. In Carroll county
containing now In the aggregate abou
l32 acres. 3 roods and "a perches ant
that said land Is not susceptible o
/ partition among the parties entitled
10 interests therein without great Loss
and Injury. and that In order 10 diyidt
said property Il will be necessary fol
said land 10 be sold. and the proceeds
Of said sale divided amongst the par,
ties hereto according 10 their respec
tive rights.
The Bill then prays.
/ /. That a decree may be passed
by this Honorable Court for the sals
of said property.
2. That the proceeds OF sale maS
be distributed between the Complain.
ant and the said Edward l.. Sheib &C.
cordlng 10 their respective rights and
interests.
3. That the said land may be sold
free and clear OF the mortgage lIer
\ therein OF l.eona A. Seheib. she receiv.
| ing such sum out OF the money dis.
tributed TO the said Edward s. Scheit
as may appear that she Is entitled
/ to.
4, That the Complainant may have
such other and further relief as his
case may require,
IL Is thereupon this End day of Feb.
ruary. A. d. 1909. ordered by the Cir
cult Court for Carroll County, In Eq.
uIty. that the Complainant, by causing
a copy OF this order TO be inserted In
some newspaper published in said
Carroll county once in each Of -four
! successive weeks before the first day
OF March, 1909, give notice to the said
| ahsanf dafandaufe of tho ohfact and