The Democratic advocate., 1909-02-05
ORDER OF PUBLICATION.
NO. 44BO EQUITY.

NO. 4l5O EQUITY.
In the Circuit Court for Carroll county.
John L. scheib. Plaintiff, W. Edward
n seheib and i.eona A, Scheib DE-
feudanta.
The object of this suit is to procure
a decree for sale of certain properly
In Carroll county. In this State.
The bill states:
!. That - certain IIzEetta ID.
ScheiD, late Of baltimore city. deceas-
ed. owned at the time of her death
The land hereinafter described. and
dying tsstats, devised II A. follows
= give and devise my farm In Car
roll county, Naryland.to my son Henry
A. Schsib for and during the term Of
his natural life. &C. and after his
death 10 my son. Edward y. schelb
in trust. for use of children of Henry
A. schclb. should be leave any survlv-
ina. income, kc. TO be divided amongst
children until youngest reached aEa
OF 81 years, when trust Ia 10 terminate
and said surviving children are to
hold said farm absolutely A. tenants
Ia common"
All Of which will fully appear by
reference 10 q certified copy Of said
viii herewith flied and marked "Ex
hibit A. which together With all other
exhibits filed In said cause h prayed
a. bn taken and considered as part
Of his Biii Of Complaint.
2 That BY a codlell 10 said will
the said l1xsetta II. scheib revoked
Eaid wlIl hH Ia twenty acres OF the land
HHf rain Aesaa asafls a k.t
twenty acres Ia her children, Edward
y. schelb aud Mary w. Scheib, Il being
the portion of said farm adjoining The
grave yard and running hack 10 the
public road. al of which wlll appear
b. reference 10 Exhibit A"
That The son Of Haid tpniAirix
The said Henry A. Schelb. who il men.
TONED In said will II long since de.
ceased. aa we'll az the husband of ths
aeid liEae,ta D. schclb. aud the trust
10 reference 20 said land has ceased
By reason ~ ihe fact that the Com
plainRnt. who ~ the youngest son III
said deerAsed Henry A. scheib, has
been fof d long time over the agr OF
Iwenty-one years.
4. That the said Henry A. schslb
was survived by four children, viz:
samue, II Scheib. Mary 81. Schelb,
Edward s. sehelb and the COMPLAIN
ant, John l.. Scaeib.
.. That the twenty acres devised
to The said Mary M Scheib aud Ed
ward v. ScheIb was by proceedings
duly had IN Circuit Court No. 2. OF
baltimore City. sold by n certain LIv-
ingaton IL. Bennett, trustee appoint.
cd By aaid Court. and was purchased
by a certain Edward r. Schelb and
duly conveyed 20 him by deed dated
July 20, 1889, and recorded among
the Land Records Of Carroll County,
who afterwards sold the same 10 the
said Samuel II. scheib. Edward s.
Scheib and Mary NJ. Schelb. three OF
the children OF the said Henry A.
scheib. deceased. and duly conveyed
the same 10 them by deed dated Au-
gust 2. 1893, and duly recorded among
the Land Records OF Carroll County,
aforesaid, In Liber ]. II. D.. No SO,
folio 45I. &c., a certified copy OF said
deed being filed and marked Exhibit
b."
9. That the said John l.. Rchelb, the
Complainant, afterwards purchased
from his brother and sister the said
Samuel II. Beheib and Mary NJ. Scheib,
all their right. title and interest In
the land left to them by their grand
mother as well ~ the aforesaid twenty
acres. which they conveyed TO him
by their deed dated the 10th day OF
April. 1907. and recorded among the
Land Records OF Carroll County. &C.
a certified copy OF which In herewith
fled and marked Exhibit G." from
which q full and complete description
Of said property at large appears: less
however ~ lilo acres OF said land
which was sold to the Baltimore and
Ohio Railroad, and conveyed to II by
deed dated July %. 1900. from John
l.. Scheib and others. and duly record
ed among the Land Records of Carroll
County aforesaid. In LIber d. r. s.,
No, 81, folio 1l9. &c. a certified copy
OF which is iiled and marked Exhibit
d."
Z. That said Edward 8. Scheib be-
ing seized and possessed as afore-
said OF HIS undivided interest In said
property granted and conveyed the
same unto a certain Leona A. Scheib.
by way OF mortgage TO secure the pay
ment of $1a5O.00, which mortgage Is
dated March 4. 1901. and duly recorded
among the Real Estate Mortgage Rec
ords of Carroll County. In Liber J.
ii. b.. No. 45, folio 49i, &c. certi-
fed copy OF said mortgage being filed
and marked Exhibit b. which mort
gage debt the Complainant AYERS Is
still due and unpaid.
5. That the quantity OF land now
remaining OF said tract in which the
Complainant has X interest, ex-
cept as to the 20 acres, In which his
interest Is 2-3, consists Of farm sltu
ated near Mt. Airy, In Carroll county.
containing now in the aggregate about
l32 acres, 3 roods and 70 perches and
that said land Is not susceptible OF
partition among the parties entitled
TO interests therein without great loss