The Democratic advocate., 1909-02-26
LsasI Advertisements.
ORDER OF PUBLICATION.
NO. 445O EQUITY.

The object OF this suit is to procure
a decree for sale of certain property
in Carroll county, in this State.
The bill states:
]. That a certain dzzetta d.
Scheib. late of Baltimore city, deceas-
ed, owned at the time OF her death
the land hereinafter described and
dying testate. devised It as follows
y give and devise my farm In Car
| roll county. Maryland.to my son Henry
A. stLeih for and during the term of
his natural life, &C.. and after his
death to my son, Edward =. Scheib,
in trust. for use Of children Of Henry
A. Scheib, should he leave any snrviy-
ing, income. &c. to be divided amongst
thil,ren uutil youngest reached age
81 2l years. when trust ia 10 terminate
md said surviving children are TO
bold said farm absolutely as tenants
/ In common"
All " which viii fully appear BY
reference 10 q certified copy OF said
viii herewith filed and marked lex
hibit a" which together with ell other
exhibits filed In said cause is prayed
/ to be taken and considered as part
OF his Bill of Complaint
g That by codieil 10 said win
the said Lizzetta ID. Schelb revoked
said VIII as 10 twenty ceres OF the land
/ therein described and devised said
twenty Gcres to her children. Edward
II. Scheib and Mary NJ Scheih. II being
/ the portion OF ssid farm adjoining the
grave yard and running back 20 the
public road, all OF which will appear
by reference 20 Exhibit A.
2. That the son OF said testatrix
the said Henry A. ScheIb. who Is men
toned In said will is long since de
ceased. as we'll ns the husband Of the
said Hzzetta d. Scheib. and the trust
/ In reference 10 said land has ceased
| by reason Of the fact that the Com
plainPDt, wfo Is the youngest son Of
said deceased, Henry A. 9cheib, has
been for long time over the age Of
/ twenty years.
T. That the Raid Henry A. scheis
was survived BY four children. viz.
Sgmuei II Sehelb, Mary ". scheib,
Edward 3. Scheib and the Complain.
ant. John l.. Scheib
., That the twenty acres devised
to The said Mary N. scheib and Ed.
ward =, scbelh waa by proceedings
duly had 10 Circuit Court No 9. Of
baltimore City. sold hy certain liy-
ingston II, Bennett, trustee appoint.
ed by sai5 Court. and was purchased
! By a certain Edward Il. schelb and
duly conveyed 20 him by deed dated
July %. 1899. and recorded among
the Land Records Of Carroll County
who afterwards sold the same to the
said Samuel H. scheih. Edward s
Seheib and Mary N. schelb. three Of
The children Of the said Henry A
sehcib. deceased. and duly conveyed
the same to them by deed dated An-
gust 2. 1899. and duly recorded among
thu Land Records OF Carroll County
Aforesaid. In Liber ]. n. b.. No. So.
folio f5i. &C, certified copy OF said
deed being illed and marked Exhibit
b
6. That the said John l.. sehelb the
Complainant. afterwards purchased
from his brother and sister the said
Samuel III Bcheib and Mary ST. gchelh
all their right titis and interest in
the land left Ia them by their grand
mother az well pc the aforesaid twenty
acres, which they conveyed TO him
BY thrlr deed dated the 10th day Of
April. 1907. and recorded among the
Land Records ot Carroll County. &c,
certified copy of which 10 herewith
flled and marked Exhibit G." from
which full and complete description
Of 8aid property AZ large npfeMFH leRn
however ~ 1-fD acres OF said land
which was sold 10 the Baltimore and
Ohio Railroad, and conveyed TO {; BY
deed dated July "a. 1900. from John
J., ScheiB and others, aud duly record,
ed among this Land Records Of carroll
County aforesaid. in Liber D. r s..
No. "a. folio tig. &e.. certified copy
Of which is FLED and marked "Exhthit
D."
Z That said Edward e. scheib be-
Ing seized and poaNea@sd as aforp-
said OF hia undivided interest In nald
property grained and conveyed the
aame unto a ccrtnin IDronR A. schssh,
by way OF mortgage TO secure the psxy
mcut Of $4,000 which mortgage b.
dated March 4. 1901. and dafy recorded
among the Real Estate Mortgage Rec
ords Of Carroll County. IN IAber J.
III, b., No. as. foIiu fsl. AR. certi-
fed copy OF said mortgage helng fIetf
and marked Exhibit u" witch mort
gage debt the Complainant AYERS 10
still due and unpaid.
s. That the quHutity Of hand now
remaining of said tract in which the
Complainant has a u interest. ex-
cept as to the 20 acres. In which his
interest is 2-3. consists Of farm attn
ated near Mt. Airy. in Carroll county.
containing now In the aggregate about
1872 acres. . roods and 90 perches and
that said land Is n0e susceptible OF
partition among the parties entitled
30 interests therein without great TOSS
and injury. and that ia order 20 divide
said property IL win be necessary for
sald land TO be sold, and the psgeeeds
OF said sale divided amongst the par
ties hereto according TO their saspee-
tive rights
The Bill then prays,
!. That decree nay be- passed
BY this Honorable Court for the sale
Of said property.
2 That the proceeds Of sale may
be distributed between the Complain
ant and the said Edward I. Shelb ac-
cording 20 their respective rights and
/ interests.
g. That the said land may be sold
! free and clear OF the mortgage lien
| therein of Leonn A. Scheih. ahe receiy-
Ing such sum out OF the money dis
tributed TO the said Edward s. Scheib
as may appear that she 10 entitled
TO,
4. That the Complainant may have
such other and further relief as his
case may require.
II is thereupon this End day OF Feb
ruary, A. ID. 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 10 the said