The Democratic advocate., 1909-02-12
LsssI Advertisements.
ORDER OF PUBLICATION.
NO. 445O EQUITY

John l.. Scheib, Plaintiff, VS., Edward
S. Scheib and Leona A. Scheib, De-
PENDANTS.
The object of this suit is to procure
decree for sale OF certain property
in Carroll county, in this State.
The bill states:
1. That a certain Lizzetta ID.
Scheib, late OF Baltimore city, deceas-
ed, owned at the time of her death
the land hereinafter described. and
dying testate, devised II 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 z. Scheib,
in trust, for use Of children of Henry
A. Scheib, should he leave any surviY-
ing, income, &c, TO be divided amongst
children until youngest. reached age
OF 2i 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 certified copy OF said
will 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 codicil to said will
the said Lizzetta ID. Scheib revoked
said will as to twenty acres of the land
therein described. and devised said
twenty acres to her children, Edward
Il. Schelb and Mary NJ. Scheib. Il being
the portion OF said farm adjoining the
grave yard and running hack TO the
public road. all Of which will appear
/ by reference to Exhibit A."
| 3. That the son OF said testatrlx
the said Henry A. Scheib who Is men.
toned 10 said will is long since de-
ceased, as well as the husband OF the
said hzzetta u. Scheib. and 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 A. Scheih, has
been for a long time over the age or
/ twenty-one years.
4. That the said Henry A. aehelb
was survived by four children, viz.
Samuel II. scheib. Mary NJ. Scheib,
Edward 8. Scheib and the Complain
ant. John l.. Scheib.
.. That the twenty acres devised
10 the said Mary g. scheib and Ed
ward +. Scheib was by proceedings
duly had In Circuit Court No. 2, OF
Baltimore City, sold by a certain IAv-
ingaton II. Bennett, trustee appoint
ed by said Court. and was purchased
by a certain Edward T. Scheib and
duly conveyed TO him by deed dated
July 20, 1880, and recorded among
the Land Records Of Carroll County,
who afterwards cold the same 10 the
said Samuel H. scheib. Edward g.
scheib and Mary VI. schelb. three oi
the children Of the said Henry A.
Scheib. deceased. and duly conveyed
the same 10 them by deed dated An-
gust 2. 1898, and duly recorded among
tho Land Records OF Carroll County
Aforesaid. In Ilber J. n. b.. No. 50
folio t5l. &c. "A certified copy Of said
deed being iied and marked Exhibit
H."
8. That the said John l.. scheIb, ,ths
Complainant, afterwards purchased
from his brother and sister the said
Samuel II. seheib and Mary n. Scheib
all their right, title and Interest In
the land left to them by their grand
mother an well ~ the aforesaid twenty
ncres. which they conveyed 10 him
by their deed dated the 18th day oI
April, 1907. and recorded among IN,
Land Records Of Carroll County. &C.
certified copy OF which IL herewith
flled and marked Exhibit G." from
which full and complete description
OF said property At large appears; lee,
however II 40 aerea OF said lane
which was sold to the Baltimore ant
Ohio Railroad, and conveyed TO II b,
deed dated July %, 1900. from Iohf
l.. Scheib and others. and duly record
cd among the Land Records OF Carol
County aforesaid. IN 1iber d. p. n.
No. 81. folio ii9. &C, certified cop,
Of which is flcd and marked "Exhlbl
D."
Z. That said Edward 8. Schelb be
ing seized and possessed M afore
, said OF his undivided interest In sale
property granted and conveyed IN,
same unto certain i.eona A. Schelh
by way OF mortgage 10 secure the pay
ment OF Sl350.00. which mortgage il
dated March 4, 1901. and duly recorded
! among the Real Estate Mortgage Rec
! ords OF Carroll County. In ilber
/. II. D., No. AZ, folio Isl, &c, a eerti
fed copy Of said mortgage being iiles
and marked Exhibit r" which mort
gage debt the Complainant AYERS q
still due and unpaid.
\. That the quantity of land nov
remaining OF said tract In which thi
Complainant has Y interest. ex
. cept as 20 the 20 acres. In which hi
! interest Is 2S. consists Of a farm sltu
ated near At Airy. In Carroll county
containing now In the aggregate abou
1872 acres. 3 roods and "a perches ant
that said land Ia not susceptible o
partition among the parties entlilea
TO interests therein without great LOS
and injury, and that In order 10 diyidI
, said property II will be necessary 70
, said land to be sold, and the proceed
, OF said sale divided amongst the par
ties hereto according to their respec
! tive rights.
The Bill then prays.
!. That decree may be passe,
by this Honorable Court for the sal
: Of said property.
! 2. That the proceeds of sale ma,
; be- distributed between the Complain
, ant and the said Edward l.. Shelb &C
, cording to their respective rights an,
interests
, 3. That the said land may be sol
free and clear Of the mortgage llel
therein OF leona A. Schelb, she recelv
ing such sum out OF the money dis
tributed TO the said Edward s. Schei
" as may appear that she Is en.itle,
n TO-
4. That the Complainant may hav
q such other and further relief as hi
case may require.
! II 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 causin