Equity Court Abstracts Book CM-3 - 1870-1872 Frederick County, Maryland
These are abstracts from Equity Court Records of Frederick County, Maryland, many times providing family data on the defendant and sometimes on persons not mentioned on the docket. Some of the listings are quite informative while others, being dismissed, may only have the date and name of plantiff and defendant. However, the cases brought before the judge consisted of sworn testimony and each one holds a story. Perhaps you will find a story connected to your search. [Records Located at Maryland State Archives]
CM-3, 1-44 - DUVALL, DELASHMUTT, BAKER, SLAVES, LYNCH, KEMP, DUTROW, SMITH, SIMMONS, CRIST Samuel DUTROW, creditor vs Arthur DELASHMUTT & Others - Dec 1869 Grafton DUVALL d/ 29 Oct 1868, testate widow - Columbia F. (DUTROW) * (not married when Will was written) s/ Samuel G. DUVALL, a minor (not listed in Will as parents not yet married) s/ Edwin S. DUVALL, a minor (not listed in Will as parents not yet married) sis/ Jemima A. DUVALL ($1,000) sis/ Sarah A. DUVALL ($1,000) sis/ Cordelia DUVALL ($1,000) sis/ Ruth DUVALL w/o Arthur DELASHMUTT ($600) bro/ Benjamin W. DUVALL (residue after Jemima's death and to provide for single sisters) SLAVES - Servant man, THOMAS (to bro/ Benjamin, to serve as per bill of sale from execs/of William LYNCH) - Servant woman, MARY (to single sisters, as slave for life from Estate of David KEMP; but to be free when age 35 and her issue to be set free, females at age 18 and males at age 21 and any of their children to be free) - Servant old woman BECKEY (to single sisters and to be well cared for during her life). Grafton was contemplating marriage and devised remainder to his wife if marriage occurred; but if not married, for use of his sister Jemima and upon her death, to: - Missionary Society of Methodist Episcopal Church - $500 - Aged Women's Home, Baltimore City - $500 sis/ Rebecca BAKER - $200 Execs/ bro/ Benjamin W. DUVALL and bro/law Arthur DELASHMUTT Witnesses: B. Amos CUNNINGHAM and W. Armstrong CUNNINGHAM [Will written 15 Sep 1858] Real Estate was not included in Will. LAND - "Rockey Fountain", 1 acre; runs to west edge of Baltimore and Ohio Rail Road. From William P. NORRIS of Baltimore City, exec/of George HOSSELBOCK (Will 29 Feb 1840, Baltimore city), late of Frederick County, to Davis RICHARDSON, Daniel BAKER, Banjamin Amos CUNNINHGAM and Grafton DUVALL in 1852. (William B. NORRIS was also exec/of Davis RICHARDSON) - part "Good Luck", a 2-acre Lot known as "Old Stone House" in Buckeystown, on west side of public road from Frederick to Mouth of Monocacy; to Benjamin A. CUNNINGHAM, Grafton DUVALL, Daniel BAKER and Arthur DELASHMUTT in 1853, from Lewis KEMP, as trustee in 1839 Equity case of Daniel BUCKEY & others vs Ann Rebecca BUCKEY & Others. Previously from Eliza BUCKEY to George BUCKEY in 1807, except for part conveyed by George KELLENBERGER of Ohio to Andrew MICHAEL in 1832 (JS-40, 181) and lot sold to Amos L. WELLING in 1851. Grafton purchased shares of the others, subject to terms that no liquor was ever to be sold on premised, but no deed was recorded. - "Good Luck", 5 acres, adjoining Buckeystown, on west side of public road from Frederick to Mouth of Monocacy; to Benjamin A. CUNNINGHAM and Grafton DUVALL in 1853 from Lewis KEMP, as trustee in 1839 Equity case of Daniel BUCKEY & others vs Ann Rebecca BUCKEY & Others. Located on south side of road from Buckeystown to Jefferson and to first line of Lot #5 of "Carrollton". - "Good Luck", 2 Lots, - 1/4 acre, in Buckeystown district; from Benjamin A. CUNNINGHAM in 1857. Lies on main road from Fredericktown to the Monocacy and where road to Monocacy Mill crosses, adjoins "Rockey Fountain". Previously to Cunningham from Abraham KOONTZ & wife in 1834 [JS-49, 450]. - 5 acres; on west side of road from Fredericktown to Mouth of Monocacy and adjoins the first one and is on south side of road from Buckeystown to Jefferson and adjoins "Carrollton". - "Manor Farm", Lot #3, part of "Carroll's Manor" and "Resurvey on Fox Hall", 188 acres; from Basil J. DELASHMUTT and Thomas R. JARBOE, trustees in Equity Case #3046, Basil DELASHMUTT & Others vs George W. EAGLE & Others (Lycurgas EAGLE was also appointed as trustee, but was later removed). Sold to Grafton for $12,248.23. Adjoins land of William EAGLE (from St. George TUCKER in 1858), on road from Greenfield Mills to Adamstown and road from Noland's Ferry to Fredericktown and by farm of Benjamin MOFFETT and land of J. L. BELT (from Charles CARROLL). Exception is 1 acre of 20' wide road for Elizabeth Frances DELASHMUTT; right of way was granted to Grafton by Basil DELASHMUTT & w/ Elizabeth Frances in 1865. - parts "New Bremen" and "Resurvey on Foxes Hall", 124 acres; from Basil DELASHMUTT & w/ Elizabeth Frances in 1865. Adjoins land of "Carrollton Manor", William EAGLE, Elizabeth DELASHMUTT and Grafton's Manor farm and runs to western side of Monocacy River. Previously to Elizabeth F. DELASHMUTT from Basil DELASHMUTT and Thomas R. JARBOE (BGF-9, 30) - "Foul Play", 19 acres, in Sugar Loaf Mountain; from Job D. EICHELBERGER & w/ Mariah H. in 1866. Previously to Eichelberger from Charles S. SIMMONS in 1854. - Tract in Buckeystown District, 3 acres; previously sold to Charles LEASH by William RICHARDSON (& w/ Elizabeth R. "Lizzie"), but purchased by Grafton as LEASH was unable to comply with terms; however, Grafton died before receiving the deed. Sold to Jacob CRIST, part "Resurvey on Fox Hall" and part "New Bremen", 90+ acres; by Grafton DUVALL; however, deed was never conveyed. Guardian was Walker Y. PAGE, Esquire. Testimony was heard from Daniel BAKER who stated the death date of deceased and children's names; also stated the 2-acres of "Good Luck" is actually owned by the Methodist Episcopal Church. Also testifying were: B. Amos CUNNINGHAM (stated same info as Baker), Col. William RICHARDSON; B.W. DUVALL and Arthur DELASHMUTT stated the debts of the estate amounted to $22,889.53. Trustee was Henry BAKER. Sale was held in Buckeystown on 9 Jun 1870; high bidders were: - Samuel DUTROW for the 188 acre farm at $92.50/acre; has log house and frame barn, etc and has stream of water passing through property. William CRIST was then living on the farm, located 3 1/2 miles from Buckeystown on road to Noland's Ferry. - Daniel BAKER for the brick house and late residence of Grafton DUVALL in Buckeystown at $4,000; house is 2-story with slae roof with back building attached, containing 14 rooms from the cellar to the garret, with bath room, rooms are all furnished in the very best manner and has marble mantles throught he house with every modern convenience, built in 1866 and costing between $7,000-$8,000. There is a well of excellent water near the door, a cistern, ice house, meat house, dairy, orchard, beautiful yard and has 3 1/2 acres connected to the property. - Thomas A. SMITH of F. for the 2-story frame house in Buckeystown at $710; has back building attached with 7 rooms, good garden and stabling, cistern near the door, adjoins previous property. - Daniel BAKER for the large 2-story stone house in Buckeystown at $800; has back building, formerly the tavern stand in Buckeystown with 2 acres attached, house has 12 rooms. - Daniel BAKER for the 3 1/2 acre Lot adjoining village of Buckeystown at $81/acre - Daniel BAKER for the four Lots, each fronting Buckeystown Turnpike, 60 x 195' at $50/per lot - Daniel BAKER for 1/4 acre and small building, adjoining the Village of Buckeystown, at $251 - Charles S. SIMMONS for the 19-acre mountain lot in Sugar Loaf Mountain at $6.90/acre; set in Chestnut - Jacob CRIST for wooded 34 acres, adjoining part sold to Jacob CRIST, at $14/acre Total sales, $24,314.40. 1st Distribution of $$8,104.80; court costs, $790.78 - Columbia F. DUVALL, widow, in lieu of dower, 1/7, $3,360.52 Balance was paid to various creditors at 14% of their claims. Filed 21 Oct 1870. NOTE - Frederick Co, MD Marriage Licenses * - Grafton DUVALL to Columbia F. DUTROW - Sep 15, 1858 CM-3, 44-55 - KINNEY, MYERS, BARNHART, ECKER, DAYHOFF Zacharias MYERS & w/ Susan vs John KINNEY & Others - Sep 1869 John KINNEY d/ 1863, intestate widow - Margaret d/ 1868 d/ Susan w/o Zacharias MYERS d/ Mary Ann w/o John KINNEY d/ Sarah w/o David BARNHART - Baltimore County LAND - "Friendship", 1 acre and house, on Pipe Creek; from Joel PUSEY (w/ Ann) in 1817. Adjoined land of Nathan RAITT (from John MISSLER in 1814). Lies near mouth of Beaver Dam, adjoining lands of Benjamin ECKER; has 2-story log house and stable, etc. Testimony was heard from Samuel B. ECKER and Zacharias MYERS. Trustee was Zacharias MYERS; sale was held 18 Apr 1870, high bidder was: - Josiah DAYHOFF at $337.50 Distribution: court costs, $104.55 - each child's 1/3, $77.65 Closed 27 Jun 1870. CM-3, 55-59 - ENGEL / ENGLE, STONER David ENGEL, et al vs Nancy ENGEL, et al - Dec 1870 John ENGEL d/ 21 Jun 1870 in Carroll County, intestate widow - Nancy - Carroll County s/ David ENGEL - Carroll County d/ Mary A. ENGEL - Carroll County d/ Hetty ENGEL - Carroll County d/ Belinda ENGEL w/o Ephraim STONER - Carroll County s/ Jesse C. ENGEL s/ Samuel ENGEL - Seneca Co, Ohio s/ Ephraim P. ENGEL - California s/ John R. ENGEL d/ 1862 .....John D. ENGEL, a minor - Carroll County .....Mary A. ENGEL, a minor - Carroll County .....(unnamed child) d/ bet 1862-1870 .....(unnamed child) d/ bet 1862-1870 Land - in Frederick and Carroll Counties Trustee was David ENGLE. Sale was held 1 Oct 1870; high bidder: - Nancy ENGLE for 25 acres in Carroll County at $2,500 On 4 Oct 1870, sale in Frederick County; high bidders: - Jesse C. ENGEL for 119+ acres at $85/acre, $10,160.75 On 24 Oct 1870, after failed public sale, private sale made to: - Jesse C. ENGEL for 9+ acres at $55/acre, $538.31 Total sales, $13,199.06. Submitted to auditor 17 Dec 1870. (Seems many papers missing from file) CM-3, 60-79 - MARLOW, DUDOROW, CLAPHAM, SLAVES, HILLEARY Tuisco MARLOW and Draco MARLOW, et al vs Parmenco MARLOW, et al - Feb 1868 Thomas J. MARLOW, dec'd of Frederick Co, MD widow - Mary s/ Tuisco MARLOW of Sangamore Co, IL s/ Draco MARLOW of Sangamore Co, IL s/ Parmanio MARLOW d/ Margaret E. w/o James DUDOROW d/ Sarah Rebecca w/o Samuel CLAPHAM of Loudoun Co, VA s/ Thomas Judson MARLOW of Calloway Co, MO d/ Mary Ollivia MARLOW s/ Robert Emory MARLOW of Calloway Co, MO d/ Frances Louisa MARLOW s/ John S. MARLOW, dec'd ...w/ Eliza MARLOW - Montgomery Co, MO ......William H. MARLOW, a minor ......Thomas M. MARLOW, a minor ......Clarence MARLOW, a minor ......Edward E. MARLOW, a minor ......James D. MARLOW, a minor ......Mary E. MARLOW, a minor ......Johnette S. MARLOW, a minor Thomas J. MARLOW died with a Will; however, the Kentucky land was then left to his wife who now chooses it be sold with the estate. - property for his business was from his wife - to wife and two sisters, the (home) farm of 154 acres, from Thomas F. MARLOW & w/ Elizabeth - servants, ROSETTA and LUCINDA (to wife) - young female servants, one to each of his daughters Exec/ son-in-law James DUDOROW Witnesses: Samuel B. PRESTON, Tilghman HILLEARY, H.T. DEAVER, Job MILLER [Will written 13 Dec 1854] Land - "Resurvey", "Fielderea Manor" and "Resurvey of Hawkins Merry Peep O'Day", 171+ acres + 173+ acres; to Thomas J. MARLOW of Loudoun Co, VA (WV) from Robert E. DORSEY of Baltimore County, trustee of Estate of Elizabeth W. DUVALL (HS-5, 313). Adjoined tract "Brother's Good Will" and land of George RICHARDS and Solomon BLESSING. Second tract adjoined lands of Dr. Grafton DUVALL & w/ Elizabeth W. in 1821 (from Henry CLAGETT & w/ Julia). - Kentucky tract, 173+ acres, with a tract of mountain land; from Col. Thomas JOHNSON. (to wife, then divided among children after her death). Guardian was Elijah D. OWEN, Montgomery Co, MO. Testimony was heard from Parmanio MARLOW who stated the widow was 67-68 years old. Also testifying was Thomas HILLEARY. Trustee was Frederick J. NELSON. Sale was for Frederick County land and held 8 Apr 1867; high bidders were: - Thomas HILLEARY and Tilghman HILLEARY at $6,773.62 Distribution: court costs, $407.15 - Mary MARLOW, widow, in lieu of dower, 1/10, $636.64 - each 1/10 share to children, $572.98. Closed 23 Sep 1870. CM-3, 79-88 - SMITH, HARDMAN, RHODES, BYERS, ELDER Philip HARDMAN vs Francis SMITH & w/ Mary Ann - Foreclosure - Feb 1870 Land - House & Lot in Emmitsburg, on west side of road to Gettysburg, PA and adjoining lot of John BERRY (from Reuben BAKER) on the north, an alley on the west and alley on the south; from Jacob MARTIN, Constable in 1850. The house was 2-story with back building and had a ten pin alley. The old 'Hooker House' was on the south side. Trustee was John C. MOTTER. Sale was held at the Western Maryland Hotel in Emmittsburg on 19 May 1870; high bidders were: - David RHODES, Joseph BYERS and James A. ELDER at $1,450 Distribution: court costs, $140.90 - Philip HARDMAN, on mortgage, $1,324.38 (Release signed by Barbara HARDMAN, executrix of Philip HARDMAN) - leaves balance of $15.28 Closed 10 Aug 1870. CM-3, 88-95 - YOUNG, BANTZ, DOLL, MEALEY Gideon BANTZ, mortgagee vs Allen M. YOUNG & w/ Ann Rebecca YOUNG - Foreclosure - Feb 1870 Allen M. YOUNG & w/ Ann Rebecca YOUNG had property mortgaged to Gideon BANTZ. Allen M. Young died before the mortgage was paid. Land - House & Lot, 31x160', on the west side of South Market St extended in Frederick; from Jacob MARKELL (Deed BGF-6, 378-379). Included was a 3-story brick house with a large parlor with folding doors and a hall on the first floor and three rooms on each of the other stories, a large back building with a dining room and kitchen on the first floor and two rooms on the second floor, connected with a yard and garden with a hydrant near the door; nearly opposite the Maryland Institution for the Deaf and Dumb. It was then in the occupancy of Mrs. John R. DOLL. - House & Lot adjoining the previous mentioned lot; includes a new 3-story brick house with five rooms and a kitchen. - "Daniel's Small Tract", 169 acres; from Nicholas WORTHINGTON & w/ Nettie A. in 1863 (JWLC-1, 50). Also included were livestock, carriages, farm implements, blacksmith tools, McCormack reaper, cob and corn mill, an apple mill and press and all household furniture. Foreclosure sale held at the Dill House in Frederick city on 17 Mar 1870; high bidder was: - Charles E. MEALEY at $1,725; subject to mortgage of George MYER of $1,000 However, Mealey sold his interest to Gideon BANTZ. Distribution of $1,725; court costs, $164.37 - Gideon BANTZ, part claim of mortgage, $1,560.63 Closed 13 Jun 1870. CM-3, 95-125 - NELSON, ADAMS, COOPER, GRAHAM, JOHNSON, FOUT, JARBOE Emily JOHNSON vs Michael W. FOUT, Thomas R. JARBOE & Others - Apr 1870 John Henry NELSON d/ 5 Mar 1870, intestate widow - Jennette M. (d/o Valentine ADAMS) d/ Sarah S. NELSON, a minor s/ Holliday Hicks NELSON, a minor s/ Abraham T.A. NELSON, a minor s/ Thomas A. NELSON, a minor * d/ Eleanora J. NELSON, a minor s/ Henry V. NELSON, a minor s/ Lewis C. NELSON, a minor Equity on 30 Oct 1863 - John H. NELSON was appointed trustee to replace William H.H. ADAMS, now deceased, per the Will of Valentine ADAMS as he bequeathed in Trust for: - Jannette M. NELSON (his wife & d/o Valentine ADAMS) - Fannie E.C. ADAMS (d/o Valentine ADAMS) - Eleanora Minnie COOPER, a minor - near Cincinnati, Ohio Equity securities were Thomas R. JARBOE and Michael William FOUT. Mortgage was made by John H. NELSON & wife to his securities on the 140 acre property to indemnify them; subject to an annuity to Sarah ADAMS, wid/of Valentine ADAMS for $100. Land - "Resurvey on Locust Level" and "Keefer's Prospect", 113+ acres; from W.H.H. ADAMS, Exec/of Valentine ADAMS in 1861. Mortgaged to Emily JOHNSON in 1867. - "Resurvey on Locust Level", 140+ acres; John H. NELSON and Fannie E.C. ADAMS, trustees in 1863 Equity case of Eleanor M. COOPER by Godfrey KOONTZ against Abraham F. ADAMS & w/ Sarah Ann, to Michael W. FOUT in 1863 at $12,410.15; but, sale was transferred to John H. NELSON with provision to pay Emily JOHNSON on mortgage; also to pay Sarah ADAMS, wid/o Valentine ADAMS, an annuity of $100 for and during her natural life, as set forth in the Will of Valentine ADAMS (property was part of his estate). Located on road from Frederick to Buckeystown, adjoining land of Valentine ADAMS. (Previously, in 1864, 60 acres was sold to Michael H. HALLER by John H. NELSON, leaving 140 acres). Property is on the Buckeystown Turnpike, about 2 miles south of Frederick, adjoining lands of Mrs. C.V. SMITH and Dr. McKINNY. The soil is limestone, quality unsurpassed; improvements consist of a 2-story brick house of 9 rooms and kitchen, barn, stabling, shedding, corn house, ice house, a first-class farm. There is also a tenant house which has recently been repaired at great expense. Farm lately used as a dairy farm for at least 30 cows; has fine water, milk house, fine orchard of various fruit. Guardian for Eleanora M. COOPER was Abraham T. ADAMS, Esquire, of Kenton Co, Kentucky. Guardian for John H. NELSON's children was Arthur POTTS, Esquire. Testifying was Godfrey KOONTZ and David O. THOMAS (provided death date for John H. NELSON) Trustees were Michael W. FOUT, Thomas R. JARBOE and Otis JOHNSON. Sale was held 6 Aug 1870 at the City Hotel in Frederick City; however, being unable to get a sufficient bid for the 140 acre home farm, private sales were made to: - William GRAHAM for 140 acres at $90/acre, subject to the $100 yearly annuity to Mrs. Sarah ADAMS - Mrs. Emily JOHNSON for 53 acres (of the 113 acres) at $70/acre Sales from the crops on both properties collected was $611.29 and $374.73. Total sales, $17,357.89. Trustee for Jeannette M. NELSON was John P. JONES. Trustee for Fanny E.C. NELSON was John H. DIETRICK. Eleanora COOPER is nearing the age of 21, so will be payable to her upon her attaining that age. 1st Distribution of $13,273.17; court costs, $856.60 - Mrs. Valentine ADAMS, annuity w/int, $214.30 - M.W. FOUT & T.R. JARBOE, mortgagees, $5,020.58 claim of Jeannette M. NELSON - M.W. FOUT & T.R. JARBOE, mortgagees, $3,956.86 claim of Fanny E.C. ADAMS - M.W. FOUT & T.R. JARBOE, mortgagees, $2,417.36 claim of Eleanora M. COOPER - Mrs. Emily JOHNSON, $807.47 part pymt of mortgage of $4,282 2nd Distribution of $4,084.73; court costs, $127.04 - Mrs. Emily JOHNSON, mortgage claim, $3,474.53 - balance to trustee, $483.16 Closed 29 Dec 1870. CM-3, 125-139 - WILLSON, RHODES, ROHR, TYLER, KUNKEL Anna T. WILLSON, et al vs Anna L.P. WILLSON, et al - Sep 1870 John J. WILLSON d/ Aug 1870, intestate widow - Anna L.P. WILLSON d/ Anna T. WILLSON d/ Adelyn R. WILLSON d/ Harriet M. WILLSON d/ Mary E. WILLSON s/ John Thomas WILLSON d/ Eleanor T. WILLSON, a minor s/ Tyler B. WILLSON, a minor d/ Ninie P. WILLSON, a minor s/ Bradley T. WILLSON, a minor Land - 1/4 part of Lot #117, 30x196, fronting Second St, Frederick city; from Basil NORRIS & w/ Jane in 1839 (HS-15, 227). Previously to Norris by Jacob RHODES and Philip ROHR, execs/of Jacob ROHR Sr. and his widow, Maria Catharine ROHR in 1831. - Lot #79, 62x197, fronting Church St, Frederick city; from William J. ROSS in 1848 (WBT-8, 275). Previously to Ross from B.S. PIGMAN & w/ Harriet. On 2 Sep 1870, George M. TYLER made oath the widow, Anna L.P. WILLSON was about 50 and her general health was good. Guardian was Adolphus FEARHAKE, Esquire. Those Testifying were George M. TYLER and Jonathan T. WILLSON. Agreement was made by the heirs for private sale to the widow, their mother, of the Second St property at $3,000. Trustee was Robert STOKES. Sale was held 12 Nov 1870 at the Dill House in Frederick city; high bidder was: - Philip B. KUNKEL for the Church St property at $5,000 Distribution of $8,000; court costs, $457.65 - Anna L.P. WILLSON, in lieu of dower, 1/8, $942.79 - each 1/9 share to the children, $733.28 Closed 13 Jan 1871. CM-3, 139-146 - WAGNER, TRIMMER, SIX William H. WAGNER, trustee of Abraham TRIMMER - Petition - Aug 1870 Dr. William H. WAGNER was trustee by Deed of Trust for indebted Abraham TRIMMER and w/ Emily E. Land - "Resurvey on Welsh Cabin", 161 acre farm, 4 miles north of Woodsborough and 1 1/2 miles SE of Double Pipe Creek, adjoining lands of John L. WILLHIDE, John EYLER and Henry HINES, then in possession of John YOUNG, tenant; to Abraham TRIMMER from Isaac TRIMMER & wife (CM-1, 415) (another 20 acres was sold to Samuel YOUNG). Improvements of a stone house with spring, Switzer barn, and other buildings with 8-10 acres in timber. - Lot of 4 acres & 2-story house, 1 mile SE of Double Pipe Creek and a half mile from farm; to Abraham TRIMMER from John L. WILLHIDE and wife in 1868 (CM-1, 413). Improvements of stable blacksmith shop, smoke house and other buildings, an orchard and a spring near the door. Sale for all personal and real estate sold at public sale on 13 Aug 1870 on the premises and was subject to a $2,000 mortgage; high bidders were: - Isaac TRIMMER for the farm at $5,428.50 - David W. SIX for the Lot and House at $950 Personal property was also sold for $471.60; oats at $86.44 and wheat at $94.54. Total sales, $7,031.08. Distribution of $7,329.86; court costs, $584.46 - Wm. H. WAGNER, claim, $2,047.50 - Wm. H. WAGNER, claim, $517.08 - Wm. H. WAGNER, claim, $517.08 - Wm. H. WAGNER, claim, $62.03 - Wm. H. WAGNER, claim, $9.75 - Isaac TRIMMER, claim, $986 - Isaac TRIMMER, claim, $873 - Balance to Isaac TRIMMER, assignee of Abraham TRIMMER, $1,732.96 Closed 31 Oct 1870. CM-3, 147-179 - WELTY, SHOCKEY, FOX, MOTTER, MORRISON, BIGGS, TROXELL Hezekiah FOX vs Jacob SHOCKEY, et al - Nov 1868 Caspar WELTY conveyed land to: d/ Elizabeth WELTY, later married Jacob SHOCKEY d/ Mary WELTY s/ William WELTY d/ Sarah WELTY d/ Catharine WELTY d/ Susan WELTY s/ John Jeremiah WELTY s/ Elias WELTY William WELTY and Elias WELTY were then living on the premises. Land - 223 acres in Emmittsburg District at the mouth of Toms Creek; adjoins tract "Resurvey on Benjamin's Good Luck"; to Elizabeth WELTY, Mary A. WELTY, William WELTY, Sarah WELTY, Catharine WELTY, Susannah WELTY, John Jeremiah WELTY and Elias WELTY from Caspar WELTY in 1828 (JS-29, 419). Adjoined land of George DEVILBISS, David MORRISON, Elijah CLOSE, and Elias VALENTINE. Improvements were three log houses, 1 1/2 stories high, and two log stables. Elizabeth (Welty) SHOCKEY devised, in her Will, her share to sisters, Sarah, Catharine and Susan WELTY, during their joint lives and paying to Jacob SHOCKEY an annual sum of $18 during his life. After the death of her sisters, to her brother William WELTY during his lifetime with same annual payment to her husband. Upon William WELTY's death, to the heirs of her brother, Elias WELTY. Elias WELTY's minor children s/ William Henry WELTY s/ James Elias WELTY s/ Jacob Washington WELTY s/ Charles Franklin WELTY s/ Joseph G.G. WELTY s/ Samuel R. WELTY d/ Francanna Elizabeth WELTY d/ Ann Maria WELTY d/ Martha Sophia WELTY Equity Case dated 22 Jan 1861 of Joshua MOTTER and Lewis M. MOTTER vs the WELTYs (except Elizabeth), Grayson EICHELBERGER as trustee, sold land to David MORRISON at $2,173; however, Equity Case on 2 Nov 1868 ruled the conveyance to Hezekiah FOX. Exceptions were land previously sold to William BIGGS for 12 acres,(HS-22, 303) and Joseph TROXELL for 4 acres,(HS-21, 502), leaving 206 acres. This provided Hezekiah FOX with 7/8 of the undivided shares in the estate, Elizabeth (WELTY) SHOCKEY still holding the remaining 1/8 undivided share. Elizabeth died in 8 May 1867, without issue, leaving only her husband, Jacob SHOCKEY. Guardian for Elias' minor children was Walker Y. PAGE. Testifying was Jacob SCHOCKEY, Joshua MOTTER, Sarah DEVILBISS, George C. DEVILBISS, William A. VALENTINE and Dr Andrew ANNAN. Trustee was Joshua BIGGS. Sale was held 19 Feb 1870 at the Western Hotel in Emmittsburg; high bidder was: - Hezekiah FOX at $2,709.39 ($13.15/acre). Mary WELTY and Elizabeth WELTY objected to the sale, claiming it sold for less than half its value and that legal bidders were prevented from bidding. Testifying as to the value of the property were: Joshua BIGGS, Joshua MOTTER, Dr Andrew ANNAN, John CLOSE, Nicholas STANSBURY, William COONS, Hezekiah DOTTERAR, Dr. James MILLER, Albridge CRISE, John HOBBS, James SWEENY and Harrison HARDMAN. Court ruled the sale to stand. Distribution of $2,709.39; court costs, $403.18 - Hezekiah FOX, 7/8, $2,017.93 - Jacob SHOCKEY, due on yearly payments, $288.27 Closed 9 Feb 1871. CM-3, 179-227 - JONES, POOLE, SWOPE, DALL, ETZLER, COLLINS, BAKER, RODERICK, MAYNARD, GAITHER, SWEADNER, SIMPSON, COLLEBERRY, DORSEY, COOKE Joseph W. ETZLER vs Albert JONES, admin/of Francis S. JONES & Others - Sale of Real Estate - Dec 1869 Francis S. JONES d/ 23 Jul 1869 in Sulfer Springs, VA, intestate widow - Ellen D. s/ Frank B. JONES (compos mantis) (in St Agnes Hospital, Baltimore City s/ Albert JONES & w/ Margaret Ann POOLE s/ John Dorsey JONES s/ William Downey JONES, a minor (age 18) s/ Edward JONES, a minor - Carroll Co, MD (age 15) s/ Charles JONES, a minor (age 11) Admin/ Albert JONES who was also trustee for his brother, Frank B. JONES. Land - "Carmacks Farewell", 7+ acres; on west side of Libertytown-New Market road; and small rocky knoll, north of Liberty Town, SE of St Peter's Catholic Church, part of "Dukes Wood", 1 acre (part of 9 acres to Joseph DODSON from John YOUNG in 1779); from James M. COLE in 1854. - Three Lots in Liberty Town on the south back street (fronts on south side of st), 50 x 300'; lies between lots of Abraham JONES (previously Henry SWEADNER); from Abdiel UNKEFER & w/ Lydia in 1852. - "Colloden", 17 acres, in Mount Pleasant; from John Peter JONES & w/ Rachel C. in 1859. - Lot on parts "Resurvey on Spring Garden", "Blacksmith's Mile", "Partner's Alley", and "Dukes Wood"; "Piney Hill", 78 acres, on Liberty-New Market road, adjoining land of Henry Baker and the Mill Road; Second Lot is on "Piney Hill", 10 acres; both from Sarah S. ATLEE of Carroll County in 1859. - 20 acres, north of Liberty Town, adjoining lands of Henry BAKER, Elishu H. ROCKWELL and Heirs of Richard COALE; and Lots on South St in Liberty Town; in Will of Abraham JONES ("son Francis, House & Lot and store house, smith shop on Main St in Liberty Town, where he formerly resided, provided he pay to "my" daughter (Francis' sister), Matilda SWOPE, the annual sum of $60 during her life.") Portions sold to: - Mrs. Ann COLLINS for Lot 264 in "Addition to Liberty Town", 50x300', at $150 in 1869. - Henry BAKER for "Dukes Woods" and "Howards Paradise", by Baker's Tanyard at $1 in 1859. - Henry BAKER for "Stony Point", "Dukes Woods" and "Howards Paradise", 30 acres, at $4,748 in 1869. Adjoins land of Joseph DODSON. - Henry BAKER, Nicholas METCALFE, Edward ALBUAGH, Jonas KREGLE and J.S.L. RODERICK for 2-acre cemetery at SW corner of Liberty Town, on parts of "Dukes Woods" and "Resurvey on Spring Garden", begins at SW corner of Lot #189; at $600 in 1869. - Joseph ETZLER for Lots #262, 263 & 265 which was previously paid. However, Francis S. JONES died before conveying them. Guardian was Walker Y. PAGE, Esquire. Testimony was heard from Rhoderick HOBBS and John E. UNKEFER, who both gave death date and claimed decedent died in Sulfur Springs, VA. Also testifying was Albert JONES and D. Clinton JOHNSON (gave ages of minor children and claimed all the property sold free of dower would bring $16,000; everything is together, being built as father and son setup). Debts total $39,353.73. An inquisition in Oct 1869 determined Francis B. JONES was of unsound mind, a condition since birth. The children's ages were listed as: - Albert, 27; John D., 24; William D., 18; Edward, 16; Charles, 11. The widow claimed she was 40 years old when her husband died; however, on 25 Apr 1870, Mrs. M.O. DALL made oath the widow was 45 years old when her husband died and was in good health. Trustee was Albert JONES. Sale was held on the premises at their store house on 28 May 1876 and was sold in lots; high bidders were: - Henry C. GAITHER for store house and dwelling on Main St in Liberty Town at $3,500. Lot was 78x300' to North St; consisted of 23x44' store room with wareroom in rear, shoe and hat room on side with fine wine cellar. House had 3 large rooms and hall on first floor with kitchen, pantry and porch in rear, also 3 rooms and hall on the second floor, with cellar underneath the house. Buildings are log and weatherboard. Also has a dairy with cement trough, meat house, ice house, poultry house, wood shed, cistern and well with iron pump. In addition, there was a horse, cow, stabling, carriage, wagon and saddle houses, hog houses, corn cribs and a variety of choice fruit trees and grapevines. - Henry SWOPE for Brick House & Lot on Main St in Liberty Town at $2,700; sold free of yearly annuity to Mrs. Matilda SWOPE. Property adjoins the previous one and is 75x300' with a 2-story brick house with attic, containing 2 rooms and hall on first floor and 2-story back building with double porches attached containing 2 rooms, hall and pantry on the 1st floor and 2 rooms on the 2nd floor; attached is a large stone kitchen, bake oven, ash house and underneath the main building are 2 large and well ventilated cellars with cement salting and soap troughs. Also has variety of choice fruit trees, grape arbor 90' in length and a beautiful flower garden. - John Dorsey JONES for the farm in Liberty of 108 acres at $42/acre; has log house, bank barn, wagon shed, corn crib, stone spring house, meat house, new grain barrack and hay barrack, an excellent orchard and two fine springs near the door. There is also a tenant house on the farm and has 9 fields with a stream running through the farm. - Thomas G. MAYNARD for 5 unimproved lots, 50x300', in Liberty Town on West side of South Walnut St at $145 each. - Henry BAKER for Lot on East end of South Walnut St in Liberty Town of 1+ acre at $345; has frame & weatherboarded school house; 3/4 of lot is in timber. - Unimproved Lot on South St in Liberty Town of 6+ acres (half is in timber) - Job H. SWEADNER for 1 acre at $212.50 - Dr. Thomas W. SIMPSON for 2 acres at $200/acre - George GAITHER for 1 acre at $150 - George GAITHER for 1 acre at $50 - George GAITHER for 1 acre at $50 - John A. COLLEBERRY for the 10-acre wood lot in "Piney Hill" in Liberty District, 1/2 mile from Liberty on the New Market Road, adjoining lands of Daniel ROOT and Edward ALBAUGH, at $12/acre. - John Dorsey JONES for 17-acre wood lot in Mount Pleasant at $37.75/acre; adjoins land of J.P. JONES and Dr. STONE; 11 acres set in chesnut timber. - Excepted from sale was the crop of wheat and rye on the farm and ice (from the Ice House on Lot #1 sold to Henry GAITHER). - Thomas C. MAYNARD for right-of-way to alley in rear of lots fronting South Walnut St and behind the 5 unimproved lots at $80. Distribution of $13,590.49; court costs, #124.70 - Albert JONES, trustee for annuity of Mrs. Matilda SWOPE, $1,076 - Mrs. Ellen B. JONES, in lieu of dower, 1/8, $1,461.22 - Albert JONES, assignee of Joseph LOWE claim, $344.19 - Joseph W. ETZLER, claims, $329.44, $450.27 - multiple creditors, including Pipe Creek Benevolent Society leaving balance for heirs, $1,954.88 Petition filed by Rachel DOWNEY and Israel COOKE & Sons claiming their claims were not paid. 2nd Distribution of $1,954.88; court costs, $10.75 - Rachel DORSEY, claim, $338.77 - Israel COOKE, claim, $20.52 now leaving the balance for heirs, $1,584.84 - Albert JONES, 1/5, $316.96 - John Dorsey JONES, 1/5, $316.96 - William Downey JONES, 1/5, $316.96 - Edward JONES, 1/5, $316.96 - Charles JONES, 1/5, $316.96 Closed 7 Mar 1871. CM-3, 227-235 - WATERS, LORENTZ, DOLL, SIMMONS, CRUMBAUGH Henry LORENTZ, mortgagee of James K. WATERS & w/ Anna M. WATERS - Foreclosure - May 1870 LAND - "Mountain Tract", Lot #2, 13+ acres, from Charles W. GOLDSBOROUGH; and "Oceola", 46+ acres, from Lewis P. RAMSBURG & wife in 1867 which included a new cottage, house and a new Switzer barn. Property adjoins Frederick to Emmittsburg turnpike, between Lewistown and Catoctin Furnace. Foreclosure sale was held at the Dill House in Frederick Town on 21 May 1870; high bidders were: - George J. DOLL for Lot #2 at $13/acre - Simon C. SIMMONS for the 46 acres at $2,700 Total sales, $2,878.63. Disbursement: court costs, $260.76 - Henry LORENTZ, mortgagee, $2,128.99 - Balance subject to order of the court, $488.88 Final Disbursement of $488.88: court costs, $25.90 S. C. SIMMONS, mortgage w/ interest, $405.21 - George F.B. CRUMBAuGH, assignee of Henry LORENTZ (in part payment of $192.33), $57.77 Closed 29 Oct 1870. CM-3, 235-243 - GEISELMAN, RUBY, WAGNER William H. WAGNER & George K. GEISELMAN, Trustees of Jesse GEISELMAN - Jul 1870 The above trustees were conveyed all the rights to the property of Jesse GEISELMAN & w/ Elizabeth in Trust to pay their creditors. Land - Limestone farm, 208 acres, 11 miles north of Frederick city and 1/2 mile NE of Woodsboro and 1/2 mile from Frederick-Pennsylvania Line Rail Road, adjoining lands of Michael SHANK and John LANDERS; from Adam DIEHL & wife in 1857 (ES-9, 402). Improvements were 2-story farm house, 2-story tenant house, two large barns, one with water in the feeding room. Also has a spring near the buildings and also a cistern, good fencing on fields with water and an excellent orchard of choice fruit. Property was sold 28 Jun 1870 at public sale; high bidder was: - Samuel RUBY at $105.75/acre, per agreement to reserve $5,600 with interest to pay mortgage to Richard H. MARSHALL and also reserve $5,604 with interest to pay mortgage to Eleanor M. POTTS. To date, he has paid $6,000. Distribution of $6,000; court costs, $467.42 - Multiple creditors, $4,797.65 - Balance to Trustee for any further creditors, $734.93 Filed 14 Oct 1870. CM-3, 243-250 - ALBAUGH, STONER, HUMMER Abraham STONER, Mortgagee of John W. ALBAUGH & w/ Susan ALBAUGH - Foreclosure - Jan 1871 Land -"Resurvey on Peace", 23 acres; to John W. ALBAUGH from John W. STAUB (or STAUP) & w/ Eve in 1850; (previously from John HUMMER to John HUMMER Jr. in 1813). Located 1 mile south of Bigg's Depot on the Western Maryland Rail Road and adjoins David KROUS' "Black Walnut Bottom" and crosses the Monacacy River to land of John WACHTER. Included a 2-story log house, barn, never-failing spring near the house and orchard of 130 trees of choice fruit. Foreclosure Sale was held 14 Jan 1871 on the premises; high bidder was Abraham STONER at $688.75. After closing costs, Abraham STONER received $562.07 as part payment of the $1,495.55 mortgage due him. Closed 1 Apr 1971. CM-3, 250-272 - FLOOK, CRONE, KEMP, ROUTZAHN William S. FLOOK and Louis M.T. FLOOK vs Elizabeth S. FLOOK & Others - Sale of Real Estate - Jun 1870 Daniel B. FLOOK d/ 4 or 6 May 1870, intestate widow - Elizabeth Susan FLOOK s/ William Snively FLOOK s/ Louis M.T. FLOOK s/ John P. FLOOK, a minor s/ Millard F. FLOOK, a minor d/ Fanny Elizabeth FLOOK, a minor Land - "Blooming Month of May", 107+ acres; to Daniel B. FLOOK from Jacob C. FLOOK, admin/of Jacob FLOOK of John in 1854 (Daniel was the s/o Jacob FLOOK who died intestate). Land runs along the creek, turning the Flook mill, which is now the mill of J.W. EMANDS, also borders lands of Eli ROUTZAHN and Jacob AHALT and Middletown to Burkittsville road and also road to the Blue Ridge Mountain and Isaac MICHAEL's land. - "Blooming Month of May", 115+ acres; to Daniel B. FLOOK from Barbara FLOOK, wid/o Jacob FLOOK of John in 1853. Land is where Daniel was then living, adjoininglands of George RHINEHART (but now John W. EDWARDS), Eli ROUTZAHN, Daniel BEACHLEY, Mathias AHALT, Isaac MICHAEL and Mary Ann BOWLUS. This released the widow's dower from said property. - "Resurvey on Whiskey Alley", "The Forrest" and "Joined Together", 13 acres; from Michael ZIMMERMAN, Sheriff, in Equity Case of Randolph SHAFER and Robert SHAFER Jr and Peter SHAFER vs Jacob C. FLOOK in 1863. (previously from Heirs of Michael BECKENBAUGH to John BECKENBAUGH and from him to Jacob C. FLOOK in 1856; ES10, 104). Adjoined lands of James KINNA, Jacob DEAN and John BECKENBAUGH and Middletown to Burkittsville road by James KINNA's Mills. - "Resurvey on Watson's Welfare", 48 acres; to Jacob C. FLOOK from Daniel SMELTZER and Jacob R. SMELTZER, execs/of Henry SMELTZER in 1854 (ES-4, 430). Runs along ease bank of Catoctin Creek to large rock under the bridge over the creek on the east side of creek and to road. Susan R. FLOOK, w/o Jacob C. FLOOK of Clarke Co, Ohio, also sold her dower rights in said land in 1863. - "Ebenezer", 76 acres, and part of "Blooming Month of May", and "Resurvey on Locust Valley", 9 acres (previously from Abraham SNYDER in 1819); from John H. FLOOK, trustee in Estate of Jacob FLOOK (of John) in 1863. - 1 acre; from Tilghman F. GAVER & w/ Lydia M. in 1869. Previously from Enos BISER and w/ Ann Maria in 1863. Rusn to east side of Daniel MAIN's mill dam. - 11 acres; from Philip FLOOK (decedent died before conveyance). Guardian was Herman C. KOCHLER. Testimony was heard from: - Philip FLOOK who testified to the 11 acres purchased by Daniel, but died before the land was conveyed. - John Hanson FLOOK, brother to Daniel, claimed Daniel died 6 May 1870. Trustee was Louis M.T. FLOOK. SALE was held on 28 Jan 1871 in front of "The Register" building in Middletown; high bidders were: - Elizabeth S. FLOOK for the home farm at $65/acre; located 2 miles SW of Middletown on road to Burkittsville and near PHLEEGER's Mill, adjoing lands of Lewis AHALT and Eli ROUTZAHN. - John E. CRONE for small 49 1/2 acre farm at $71.10/acre; 1/2 mile south of Middletown on road to Burkittsville, adjoining lands of Mrs APPLEMAN and H.T. RUDY. - William H.C. KEMP for 13 3/4 acre Lot at $70/acre; a mile south of Middletown, ajoining lands of Wm. H.E. KEMP and Hezekiah DEAN. - Elizabeth S. FLOOK for 9 1/2 acre mountain lot on South Mountain at $6/acre; 3 1/2 miles from Middletown, adjoining lands of H.T. RUDY and Isaac YOUNG. - Eli ROUTZAHN for 26 acres of mountain land at $7.70/acre (sold later at private sale). On South Mountain, 4 miles from Middletown, adjoining lands of Joseph L. HUFFER and Jacob SIGLER and is well set in Rock Oak and Chestnut. Total sales, $12,473.95. Distribution: court costs, $601.36 - Elizabeth S. FLOOK, in lieu of dower, 1/8, $1,484.07 - each child's 1/5 share, $2,077.70 Closed 8 Apr 1871. CM-3, 272-278 - WOOD, POOLE, CLINE George CLINE, assignee of Margaret R. POOLE, mortgagee of Joel WOOD & w/ Nancy - Report of Sales - Nov 1870 Joel WOOD & w/ Nancy made mortgage to Margaret R. POOLE, who assigned the mortgage to George CLINE in 1856. Land - "Robert's Delight", 11+ acres; adjoining lands of D. POOL and George W. POOL. SALE on 5 Nov 1870; high bidder was: - George CLINE at $400. The court issued an order of Joel WOOD to surrender the property to George CLINE. Filed 15 Mar 1871. CM-3, 279-286 - WOLFE, WORTHINGTON, HALLER Thomas WORTHINGTON, mortgagee of Levi J. WOLFE - Foreclosure - Feb 1871 Levi J. WOLFE & w/ Anna C. became mortgaged to Thomas WORTHINGTON (w/ Jane H.) Land - "Sickly Season" (or "Lucky Season") and "Wet Time", 103 acres; 5 miles east of Frederick in New Market area (District 9), adjoining land of Burgess HAMMOND and John BAKER. Included 2-story brick house and brick back building, log barn, shedding, spring in yard, running water in every field except one with 25-30 acres in Chestnut, Oak and Hickory. - 17 acres (noted in partition among heirs of Michael BASH [JS-31, 99 or 199] - Lot #3, 50 acres; from Henry M. BASH to Ormand HAMMOND [HS-19, 563]. Foreclosure sale was held 11 Feb 1871 on the premises; high bidder was: - Jacob HALLER for 170 acres at $6,600 with crop to Levi J. WOLFE Distribution: court costs, $383.60 - Thomas WORTHINGTON, part payment of mortgage, $6,216.40 Filed 17 Apr 1871. CM-3, 286-292 - FAGAN, MAUGHT, RITCHIE, RITTER Frederick County Building Assoc vs Thomas FAGAN & w/ Catharine E. - Foreclosure - Feb 1870 President of FCBA was J. Alfred RITTER and represented by John RITCHIE, Esquire. Land - Lot on north side of West Patrick St in Frederick, 30 x 262'; from John A. LYNCH, trustee in Equity Case in 1864 (JWLC-1, 627). Included was a 2-story brick house with brick back building attached; contained 9 rooms; smoke house, bake overn and a hydrant in the yard. Also had a garden with apple, pear and peach trees. Foreclosure sale was held at the City Hotel in Frederick city on 29 Jan 1870; high bidder was: - Samuel MAUGHT at $1,910 Distribution: court costs, $185.85 - numerous mortages and claims which left - Thomas FAGAN, balance of $455.46 Closed 7 Apr 1870. CM-3, 293-307 - ALBAUGH, POOLE, STONER, BARRICK, WHITE George W. POOLE vs John W. ALBAUGH & Others - Foreclosure - Apr 1869 John W. ALBAUGH and w/ Susanna ALBAUGH were indebted to Abraham STONER and, to obtain funds, mortgaged their property to George W. POOLE of Washington Co, MD. LAND - "Choice and Peace", 130 acres; adjoining the Monocacy river and lands of John W. STAUB and Jacob CRISE. Located 1 mile south of Biggs' Depot, near the Western Maryland Rail Road; adjoins lands of Mrs LONG and George W. BARRICK. Improvements were log house with large Switzer barn, orchard and three springs convenient to the house with 10 wooded acres. - "Choice", "Krise's Establishment" and "Resurvey on Peace", 150 acres; along the Monocacy River and by David KOONS' land and tract "Resurvey on Black Walnut Bottom" and on the 'Ridge'. Also sold to George W. POOLE all the stock, crops, farm and household goods. Randolph BARRICK was agent for John W. ALBAUGH through which he made payments. Also indebted to Frederick WHITE, Joel MYERS and Jacob HARP. Trustee was Frederick WHITE. SALE was held 16 Jul 1870 on the premises, having received no sufficient bids, again on 14 Jan 1871, high bidder was: - Abraham STONER for the 130 acres at $1,950 Distribution: court costs, $188.20 - George W. POLE, mortgage, $1,254.86 - Abraham STONER, part payment of mortgage, $506.94 Closed 1 Apr 1871. CM-3, 307-323 - REMSBURG, COBLENTZ, AHALT, BRANDENBURG, BEACHLY, CAMPBELL, FRAZER, RUPLY John H. REMSBURG, et al vs Ninian H. REMSBURG, et al - Jul 1870 Elizabeth REMSBURG d/ 30 (or 13th) Dec 1869, intestate sis/ Sarah (REMSBURG) w/o John COBLENTZ of P. bro/ Henry REMSBURG, dec'd .....William P. REMSBURG & w/ Eliza - Washington Co, MD .....Ninian H. REMSBURG & w/ Sophia - Out of State .....Charles T. REMSBURG .....Adeline V. REMSBURG w/o John W. REMSBURG .....Lydia A. (REMSBURG) w/o Daniel BRANDENBURG .....Georgiana L. REMSBURG .....Catharine A. REMSBURG bro/ John REMSBURG, dec'd .....Lewis H. REMSBURG & w/ Ann Rebecca - Out of State .....Stephen C. REMSBURG & w/ Sarah Rebecca - Out of State .....John H. REMSBURG & w/ Mary E. .....Ann R. E. (REMSBURG) w/o Martin H. BEACHLY .....Joshua P. REMSBURG & w/ Louisa A. C. .....George J. (or T.) REMSBURG & w/ Susan E. .....Henry C. REMSBURG & w/ Mahala M. .....Mahlon R. REMSBURG & w/ Margaret Ann Cecelia sis/ Mary (REMSBURG) AHALT, dec'd .....Isaac AHALT & wife - Out of State .....Rufus F. AHALT & w/ Louisa - Out of State .....Malinda (AHALT) w/o Joseph CAMPBELL - Out of State .....Eve M. (AHALT) w/o Lemuel FRAZER - Out of State .....Loretta C. AHALT - Out of State .....Hiram AHALT (unknown if dead or alive) - Out of State Land - "Smithfield", 2 1/4 acre, in Middletown; to Elizabeth REMSBURG from her father, John REMSBURG, in 1840. Adjoins lot of Jacob SPOHN and at alley on south side of Lutheran and German Reformed parsonages, to "Keller's Addition to Middletown", lot of Christopher IFERT and to west side of road to Middletown. Testifying was John H. REMSBURG and E.F. COBLENTZ. Trustees were John H. REMSBURG and Edward T. COBLENTZ. SALE was held 25 Feb 1841 in front of the Register Building in Middletown; high bidder was: - Rev. F. A. RUPLY at $454.50; however a subsequent survey indicated only 2 acres, so sales became $404. At that time, adjoining neighbors were A. SPARROW and Adam LORENTZ. Distribution of $404; court costs, $131.54 - Sarah COBLENTZ, 1/4, $68.11 - Henry REMSBURG's children, $9.73 each - John REMSBURG's children, $8.51 each - Mary AHALT's children, $11.35 each Closed 17 Apr 1871. CM-3, 323-348 - FORREST, DUSING, COCHRAN, DUBLE, MILLER, SNOOK, WOLFE, HURLEY, SWOPE, HAYS, SENSENBAUGH, HARLEY, HATHERLEY Samuel W. FORREST & Others vs Celeste Ann FORREST and David FORREST - Sale of Real Estate - Dec 1869 Solomon FORREST d/ 3 Feb 1869 (wife was Elizabeth WOLFE), had 9 children s/ Samuel W. FORREST & w/ Susan DUSING s/ Westley FORREST & w/ Margaret COCHRAN d/ Maria FORREST, died 1869, since her father d/ Susan FORREST s/ Daniel W. FORREST & w/ Amanda C. DUBLE/DUPLE s/ Mahlon FORREST & w/ Elizabeth MILLER - Illinois s/ Hanson FORREST & w/ (Nancy?) SNOOK - Clark Co, Ohio s/ John Q. FORREST, dec'd .....Celesta Ann FORREST, a minor s/ David FORREST, dec'd .....David FORREST, a minor Exec/ Wilson L. HAYS (refused to act) Witnesses: George U.W. HURLEY, Denton KUHN, John BAKER of P. [Will written 27 Nov 1862] LAND - "Fox Chase", "Basket Ridge", "Murdock's Inheritance", "Racoon Walk", "Stony Bottom", "The Range About the Three Miserable Knobs", 321 acres. Contained in deeds below: David WOLFE, dec'd (Extract of Will) to daughter, Elizabeth w/o Solomon FORREST (Devised 70 acres of "The Range Around the Miserable Knobs" on each side of road, above Andrew DRAPER's house, adjoining lands of William DRAPER, Andrew DRAPER, Daniel BLICKENSTAFF and Daniel STOTTLEMYER. Also 5 acre field of "Racoon Walk" on south side and adjoining land of Jeremiah FORREST.) LAND to Solomon FORREST: - "Stoney Bottom", 112 acres, and "The Range About the Miserable Nobbs", 89 acres, at $152. (Title wasn't transferred) From William M. BEALL Jr. Sheriff in connection with judgment by John RITCHIE, exec/of BEATTY against David WOLFE in 1822. - "Basket Ridge", 8 acres. From Jonathan DELAWTER (w/ Elizabeth) at $41 in 1831. Previously from Thomas CARLTON, Sheriff. - "Murdock's Inheritance", 19 acres & 28 acres; adjoining "Stoney Bottom" and "Racoon Walk". From Jeremiah FORREST & w/ Vashti at $50 in 1838 - "Foxes' Chase", 40 acres, next to land of Samuel WOLFE. From Peter MONG & w/ Susanna of Washington County at $550 in 1852. Sold to Daniel W. FORREST from Solomon FORREST in 1862 for - "Fox Chase", 22 acres for $150. - "Range About the Three Miserable Knobs", 77 acres; adjoining tract "Pleasant Level" and "All Meadows". From John BUSSARD & w/ Susanna of Washington County at $250 in 1867. - "Range About the Three Miserable Knobs", 77 acres. From Nathan O. NEIGHBOURS, Sheriff, by case of Jacob YOUNG of D. vs Andrew DRAPER at $275 in 1868. Guardian was Arthur POTTS, Esquire. Testimony was heard from Jeremiah FORREST and Jacob SWOPE. Trustee was Daniel W. FORREST. SALE was held 31 Dec 1870 in Catoctin District at the home place of Solomon FORREST (land was surveyed and divided into sections): - Susan E. FORREST for the home place of 52 acres at $35.31/acre Located on road from Wolfsville to Wolf's Tavern, 2 1/2 miles from Wolfsville. Improvements of house, barn, wagon shed, corn crib, blacksmith shop, fine orchard and good spring near the buildings. - Nancy WOLFE for Lot #2, 16 acres with house at $15.31/acre - Wesley W. FORREST for Lot #3, 48 acres with house at $12.55/acre - Wesley W. FORREST for Lot #4, 43 acres at $12.30/acre - George W.H. HURLEY for Lot #5, 13+ acres at $12.00/acre - George W.H. HURLEY for Lot #6, 24 acres at $30.25/acre - Amanda C. FORREST for Lot #7, 7+ acres at $21/acre - Amanda C. FORREST for Lot #8, 5+ acres at $20.25/acre - Amanda C. FORREST for Lot #9, 10+ acres at $13/acre - Jacob D. WOLF for Lot #10, 7+ acres at $17.10/acre - Samuel W. FORREST for Lot #11, 15 acres at $19.50/acre - Jacob W. SWOPE for Lot #12, 16+ acres at $20.80/acre - Henry C. HAYS & John E. HARLEY for Lot #13, 4+ acres at $33/acre - James C. SENSENBAUGH for Lot #14 & 15, 32+ acres at $19.50/acre Has house, stable and spring house; set in timber. - Valentine HATHERLY for Lot #16, 19+ acres at $9.80/acre Total sales, $6,118.26. 1st Distribution of $1,995.90; court costs, $358.80 - Samuel W. FORREST, 1/7 + 1/8 of 1/7, $263.10 - Westley FORREST, 1/7 + 1/8 of 1/7, $263.10 - Susan FORREST, 1/7 + 1/8 of 1/7, $263.10 - Daniel W. FORREST, 1/7 + 1/8 of 1/7, $263.10 - Mahlon FORREST, 1/7 + 1/8 of 1/7, $263.10 - Hanson FORREST, 1/7 + 1/8 of 1/7, $263.10 - Celeste Ann FORREST, 1/8 of 1/7, $29.23 - David FORREST, 1/8 of 1/7, $29.23 Filed 11 May 1871. CM-3, 349-365 - HEIM, BROWN, LAMBERT, SIMMONS Andrew HEIM vs Jacob B. HEIM & Others - Nov 1868 Lewis A. HEIM d/ Mar 1867, intestate widow - Euphronia, now w/o Henry BROWN s/ John Lewis HEIM, a minor s/ Maurice Augustus HEIM, a minor also an infant, born after the death of the father, but died at the age of 3-4 weeks LAND - Lot in West end of Frederick city on the Baltimore & Frederick turnpike to Hagerstown; adjoining lots of Henry DAILEY, John ZIMMERMAN of J. and John SIFFORD; from Harriet LAMBERT, John G. LAMBERT & w/ Mary A.R., John A. LAMBERT and Mary E. BARTGIS in 1864 (previously to John LAMBERT). Located on south side and extreme end of Patrick Street in Battletown. Improved with a 1-story log house, built by L.A. HEIM. - Lot in Ward 4, Square 50, on north side of West Patrick St in Frederick; adjoined lot of John BURUCKER. Improvements were 3-story brick house with back building, comparatively new; then occupied by Robert G. McPHERSON, Esquire. From John A. SIMMONS & w/ Rosanna C. in 1866. Previously from Otho REEL & w/ Catharine M. in 1857. Admin/ Jacob B. HEIM of Baltimore city with sureties as Valentine S. BRUNNER and Andrew HEIM. Guardian was Adolphus FEARBEAKE Jr. Testifying was Jacob B. HEIM of Baltimore city who stated Lewis A. HEIM was in the grocery business with Andrew HEIM, t/a A HEIM & Son, near Bentztown bridge in Frederick. Lewis purchased Andrew's interest in business in May 1866. The books of the business were destroyed by the flood on 24 July 1868. Trustees were Grayson EICHELBERGER and John RITCHIE. SALE was held /1 Jan 1870 at the City Hotel in Frederick, but failed to obtain a sufficient bid. Second sale on 12 March 1870; high bidder was: - Mrs. B. M. RYAN for lot in Ward 4 at $2,130. Grayson EICHELBERGER died about 17 Feb 1870. Distribution of $2,130; court costs, $276.70 - Euphrosina BROWN, widow, in lieu of dower, 1/7, $250.47 - A. HEIM, for claims, $1,502.82 Closed 5 Jul 1870. CM-3, 365-373 - NEISMYER, GROSS, COBLENTZ, FOX Daniel BECHTOL & Lawson H. MAIN - Sep 1870 Mortgagees of Charles L. NEISMYER (w/ Ann Catharine); she died the spring of 1869 and Charles married Ann Maria Catharine GROSS on 22 July 1869. Charles died 21 August 1870. Land - House & Lot #22 on Main St in Middletown; from Ernst A.C. FOX & w/ Margaret C. in 1864. Adjoined lots of Dr. William E. BOTELER and Mrs. John CRONE. Lot measured 32 x 330'. At sale, neighbors were Samuel RAMSBURG and Christian BOLLINGER; previously from Peter SCHLOSSER & w/ Christiann in 1854 (ES-3, 567) House was log and weatherboard, 1 1/2 stories high with a basement and attached back building and summer kitchen recently erected in the yard; stable, corn house and fruit trees. Report of Sales from 22 Oct 1870; high bidder was: - Daniel R. COBLENTZ at $915 On 1 Dec 1870, John PARDNER made oath the widow, Anna Maria Catharine NIESMYER, was then 36 years old and in good health. Distribution of $915; court costs, $140.01 - Daniel BECHTOL & Lawson H. MAIN, mortgage, $406.33 - Anna Maria Catharine NIESMYER, in liew of dower, 1/7, $52.66 - Jonathan BISER, 2nd mortgage, $161.89 - C.V.S. LEVY, atty for Andrew WEINER, in part for judgement, $154.10 Closed 18 Feb 1871. CM-3, 373-392 - JONES, POOLE, DOWNEY, SWOPE, STARR Albert JONES & wife and John Dorsey JONES vs Frank B. JONES & Others - Sale of Real Estate - Dec 1869 Harriet JONES d/ 1863 intestate, in Philadelphia w/o Francis S. JONES d/ 23 Jul 1869 in White Sulphur Springs, VA s/ Frank B. JONES (non compos mentes) d/ 12 May 1870 s/ Albert JONES, 27, & w/ Margaret Ann POOLE s/ John Dorsey JONES, 24 s/ William Downey JONES, 18, a minor s/ Edward JONES, 16, a minor s/ Charles JONES, 11, a minor Land - "Resurvey on Drummine" and "Hunting Lot", 205 acres; from Cordelia H. DOWNEY to Harriett JONES in 1869. On road from New Market to Liberty Town Sold to Henry SWOPE - 7 1/2 acres of "Resurvey on Drummine" in 1859. In Oct 1869, there was a Lunancy hearing on Frank B. JONES, which provided the ages of his brothers. He was later placed in the care of St. Agnes Hospital, Baltimore City, his trustee was Albert JONES. Guardian for the minor children was Charles H. BAUGHER, Esquire. Guardian for Frank B. was Herman C. KOCHLER. Testimony was heard from Maurice T. STARR who testified to the dates and places of death of Harriett and Francis. Also testifying was Rhoderick HOBBS. Trustee was Albert JONES, but, after a failed public sale, petitioned for a replacement, as he wanted to bid on his mother's property. New trustee was William DOWNEY. Private sale was made to - Albert JONES for the remaining 197 acres at $10,392.37. J. Dorsey JONES sold his share to Albert JONES for $1,884.84. Albert JONES also petitioned for expenses incurred during the care of Frank B. JONES. Distribution of $10,392.37; court costs, $479.79 - Albert JONES, 2/5, $3,965.02 - William D. JONES, 1/5, $1,982.51 - Charles JONES, 1/5, $1,982.51 - Edward JONES, 1/5, $1,982.51 Closed 14 Jun 1871. CM-3, 393-404 - SUMAN, LIPPS, BEAR John LIPPS vs Isaac P. SUMAN and Mary E. SUMAN - Foreclosure - Nov 1869 In 1866 Isaac P. SUMAN and wife, Mary E. were indebted by mortgage to Anthony BEAR (w/ Maria); the SUMANs then assigned the mortgage to John LIPPS who filed an injunction to prevent Suman from removing any of the timber. Land - "Middle Plantation", "Wet Time", "Gomber's Range", 65 acres of timber land; from Anthony BEAR & wife in 1866. Located 5 miles east of Frederick, between the Baltimore Turnpike and the Linganore; has log house, barn and thriving young orchard; timber is Rock Oak, Chestnut, etc, and has two convenient springs. Trustee was John RITCHIE. Sale was held 16 Apr 1970 at the City Hotel in Frederick City; high bidder was: - Isaac P. SUMAN at $1,803.75, who was unable to comply with the terms; he then asked that John LIPPS be substituted. Distribution: court costs, $219.12 - John LIPPS, mortgage, $1,491.80 - Isaac P. SUMAN, $93.63 Closed 13 Jul 1870. CM-3, 404-411 - BOONE, BURRIER, CRUM, CRAMER, DUVALL Eli BURRIER, Mortgagee - Petition - Feb 1870 Dennis BOONE & w/ Ann Sophia were indebted to Eli BURRIER. Land - "Creager's Lot", "Huckleberry Hills" and "Peter's Promise", 100 acres; located 4 1/2 miles SE of Woodsboro and 2 miles from Smith's Creek Church; adjoining lands of John CRUM, Daniel ZIMMERMAN. Improved with a log house, bank barn, corn house, spring house and orchard. Foreclosure sale was held 22 Mar 1870; high bidders were: - John W. CRUM for 56 acres at $2,835.50 - Eli BURRIER for 10-acre Lot on farm on north side of Liberty Road at $332.50 - Eli BURRIER for 2 1/2 acre lot on farm on SE corner of angle of Liberty Road and road leading to John CRUM's farm at $108 - George CRAMER for parts of "Creager's Lot", "Huckleberry Hills" and "Peter's Promise", 26 acres at $429 Personal property was sold for $175.49 and real estate totaled $3,704.50; total sales, $3,879.59 Distribution: court costs, $326.78 - Eli BURRIER, mortgage, $3,241 - Zelophadad DUVALL, judgement, $163.91 - George CRAMER, part of claim, $147.90 Closed 14 Jan 1870. CM-3, 412-422 - JACKSON, ROBERTSON, MILLER Alexander ROBERTSON, et al vs Charles H.M. ROBERTSON - Petition - Jan 1871 Mary JACKSON d/ 1870, testate (Will written) s/ James ROBERTSON, dec'd .....Alexander ROBERTSON .....Alice ROBERTSON .....Grace P. ROBERTSON .....Charles H.M. ROBERTSON, a minor LAND - House & Lot on west side of Market St in Frederick, between Second and Third Streets, the fifth house from the corner of Second St and then occupied by Mr. SCHUCKMAN as a confectionary store; had a 2-story brick house and adjoined the property of Joseph STERN. Guardian was Herman C. KOEHLER. Testimony was heard from Simon C. SIMMONS and Ezra HOUCK. Trustee was Frederick J. NELSON. SALE was held 11 Mar 1871 on the premises; high bidder was: - Henry MILLER at $3,600 Distribution: court costs, $265.75 - Each 1/4 share to children, $833.56 Filed 5 May 1871. CM-3, 422-426 - JOHNSON, GROVE, FRIDAY Martin S. GROVE, mortgagee of Lewis JOHNSON & wife - Foreclosure - Jan 1871 Harriet JOHNSON, dec'd & husband Lewis JOHNSON (colored) LAND - Western Half of Lot #23 in Jefferson; from Andres KESLER and John G. ETCHINSON, exec/of Rhoda HENRY in 1866. Foreclosure sale was held 5 Feb 1871 in front of store of Alburtus SPENCER in Jefferson; high bidder was: - Mrs. Salome FRIDAY at $418 Distribution: court costs, $93.40 - Martin S. GROVE, part payment of mortgage, $324.60 Closed 15 Jun 1871. CM-3, 427-433 - RICHARDSON, DELASHMUTT, CAMPBELL, SHAFER, ABELL Arthur DELASHMUTT, Trustee of I. Davis RICHARDSON - Mar 1871 Deed of Trust for creditors was made to Arthur DELASHMUTT by Ignatius Davis RICHARDSON & w/ Jane B. in Sep 1870. Land - "Eutaw Place", 200 acres; devised to Richardson by his father, Davis RICHARDSON. Located 1/2 mile from village of Buckeystown and bounded on the west by New Design Road from Noland's Ferry to Frederick (6 miles from Frederick), eastern boundary is Baltiimore & Ohio Rail Road. Land has best limestone, high cultivation, enclosed with post and rail fencing and divided into fields and is well watered by springs. The Mansion house is 2 1/2 story brick with cellar under the entire front and back building, a large bank barn, corn crib, carriage house and never failing spring of limestone water near the house and a cistern capable of containing 100 barrels of soft water at the kitchen door. The grounds are ornamented with choicest shrubbery and shade trees; a grapery adjoins the dwelling, planted with choice grapes and several thousand fruit trees upon the tract, mostly pears about the mansion and protected by hedges of Norway spruce 10-20 ft high. The other 35-acre orchard is directly on the Rail Road, enclosed by a hedge of Osage Orange, mostly pears and apples. There is a nice cottage house in the orchard; a fine body of lime stone and a set of draw kilns with switch connecting the kilns with the Rail Road and a house near the kilns. The kilns can draw out 200-300 bushels of lime per day and rent at $400/year. - undivided 1/2 share of 300-acre farm; devised to Richardson and his sister, Mrs. Ann W. CAMPBELL by their father, Davis RICHARDSON. Farm was then in possession of J.B.H. CAMPBELL (has life estate in it), but John A. SHAFER then resided there. Lies on east side of Monocacy River, near the Buckeystown Bridge. Sale was held at the Dill House in Frederick on 15 Mar 1871; high bidders were: - A.S. ABELL for the home place of 200 acres at $29,000 - J.B.H. CAMPBELL for the 1/2 interest in farm at $2,000 Total sales, $31,000. Distribution of $33,162.88; court costs & vouchers, $16,546.48 - Balance went to a multitude of creditors, a few were only partially paid. Closed 1 Jul 1871. CM-3, 433-442 - OGBORN, GORSUCH, POOLE, STEVENS, LEASE, BUNBRINK, RIDDLEMOSER Thomas GORSUCH, Trustee of John W. OGBORN - Report of Sales - Nov 1870 Deed of Trust for creditors made by John W. OGBORN to Thomas GORSUCH. Land - Lot in Mount Pleasant, 6 acres; with 2-story log house, rough casted outside, with 7 rooms; 1-story brick store house, frame warehouse, stable, corn crib, carriage house, small log tenant house with wells convenient to each house; fruit: apples, pears, peaches, grapes and raspberries. - Lot in eastern part of Mount Pleasant; with 2-story frame weatherboarded house with 4 rooms, well near the door. - Lot in easter part of Mount Pleasant; with 2-story brick house with log kitchen in rear and frame building adjoining the front house, formerly used as a store room. Rights to use water from adjoining lot. SALE was held 8 July 1870 on the premises; high bidders were: - Eliza OGBORN by her agent, George W. POOLE, for House, Lot & Store House, then occupied by John W. OGBORN, at $2,500. ($2,200 of this is due on mortgage to Dawson V. HAMMOND) Private Sales then made to: - Flavius J. STEVENS for Lot & frame House at eastern end of Mount Pleasant at $950; adjoining lot of Adam LINK with provision for use of pump and water for joint use with the tenant of the brick house on adjoining lot. - Robert LEASE for 6-acre Lot near Mount Pleasant at $600. Adjoining lands of Robert LEASE, Jacob Willis MAYHEW, and Elizabeth KANE. (Described as the rear of the two lots, bounded by Robert LEASE, Jacob DILLER, Mary LEE and Elizabeth KLINE.) Total sales, $4,050. Public Sale on 18 Feb 1871; high bidder was: - Henry BUNBRINK for House & Lot at $651. House & Lot in Mount Pleasant; directly opposite the store of James L. RIDDLEMOSER, fronting the turnpike, with 2-story brick house, log kitchen and water and pump rights to adjoining lot. Distribution of $6182.23 (may include personal property sales) - Court costs & estate payments & judgements, $2,892.95 - Balance to multiple creditors at 49% of claims. Closed 25 July 1871. CM-3, 442-455 - KUHN, WINTERS, SHORB, JARBOE, GRAHAM, WENNER William GRAHAM vs George KUHN, et al - Jul 1870 William KUHN d/ 2 July 1870, intestate, single and no issue bro/ Christian KUHN (died before his brother) .......George KUHN - Montgomery County .......two or more daughters, but whereabouts unknown bro/ John KUHN (died before his brother) .......Napoleon KUHN - Baltimore City bro/ Peter KUHN - Ohio (unknown if dead or alive) bro/ Jacob KUHN d/ Ohio (had several children) bro/ Frank KUHN - Florida (no contact for 30 years) (Lieutenant in Florida War) sis/ Elizabeth (KUHN) w/o Jacob WINTERS - Ohio, now Missouri sis/ Harriet KUHN - Berlin (Brunswick), Frederick Co, MD Land - Lot on First St in town of Berlin (Brunswick); from William SCHLEY, trustee for Francis JARBOE, dec'd, in 1826. Improvements were 1 1/2 story log house. Testimony was heard from John SHORB who provided death date of deceased and further knowledge on some of the children. Also testifying was Joseph GOODMAN who only verified signatures as he was Justice of the Peace. Trustee was William GRAHAM. SALE was held 2 Jun 1871 at Jordon GRAHAM & Co in Berlin; high bidder was: - Charles F. WENNER for Lot #8, 66x160', at $245 Distribution of Sale & Rents, $265; court costs, $135.43 - William GRAHAM, mortgage claim, $108.91 - Each 1/7 share to the heirs, $2.95 Closed 5 Aug 1871. CM-3, 455-470 - GEORGE, SLATER, GRUBB, PETERS, JORDAN, KEMP, GRAHAM John L. JORDAN vs Rosanna GEORGE & Others - Sep 1870 John L. JORDAN and John GEORGE held a partnership that bought and sold grain, lumber, coal, salt, etc and shipped it to Georgetown, District of Columbia by boat (canal?). The partnership ended in the spring of 1861 with the secession of Virginia, whereby, John GEORGE who lived in Virginia, one of the Confederate states, was no longer able to come over and attend to the business. During the partnership, they purchased lots. John GEORGE d/ Jun 1862 or 1863, intestate, in Virginia widow - Rosanna - Loudon Co, VA, and 10 children d/ Margaret w/o John SLATER - Loudon Co, VA d/ Cecelia w/o Ebenezer L. GRUBB - Loudon Co, VA d/ Roberta w/o Rev. J.A. PETERS - Pennsylvania d/ Mary Louisa GEORGE - Loudon Co, VA d/ Lydia GEORGE - Loudon Co, VA s/ John GEORGE - Loudon Co, VA, then Illinois s/ Wallace GEORGE - Loudon Co, VA s/ James W. GEORGE - Loudon Co, VA s/ Edgar GEORGE, a minor - Loudon Co, VA s/ Robert White GEORGE, a minor - Loudon Co, VA Land - Lots, 3 roods and 39 perches; located by lands of Hanson MARLOW on north line of Chesapeake & Ohio Canal and to southern line of Baltimore & Ohio Rail Road To John L. JORDAN and John GEORGE as partners from George W. JANNY & w/ Mary in 1859. Previously to JANNEY from John H. WHITE in 1857. - also from Philip VINCEL in 1857 and Joseph M. CONRAD in 1857. - Lot #63 in Berlin (Brunswick), lying at the Chesapeake & Ohio Canal at the basin of the canal in the town to John L. JORDAN of Frederick Co, MD and John GEORGE Jr. of Loudon Co, VA from George W. JANNEY & w/ Mary of Loudon Co, VA and James W. HAMILTON & w/ Susan in 1860. Previously to David KEMP, William C. KEMP and John R.A. KEMP from Thomas CRAMPTON & wife in 1848 (WBT-8, 149). - Lot #62 in Berlin (Brunswick). Previously to David KEMP, William H.C. KEMP and John R.A. KEMP from Joseph WALTMAN in 1848 (WBT-8, 150). Lots fronted Second or Middle Street, 66x120'; improvements were a frame warehouse, office and stable. Guardian was Wallace GEORGE, Esquire of Loudon Co, VA. Testimony was heard from William GRAHAM who was clerk and bookkeeper for the business from Mar 1854 to July 1861. Trustee was William GRAHAM. SALE was held 3 Jun 1871 at the warehouse of Jordan GRAHAM; high bidders were: - John L. JORDAN for Lots #62 & 63 at $3,175 - John L. JORDAN for the boat yard and dock with log house on the Chesapeake & Ohio Canal, 1 mile from town of Berlin, at $155. Total sales, $3,330. Distribution: court costs, $288.55 - John L. JORDAN, $3,041.45 (his claims totaled $4,170.56 + $230.77 interest). Closed 5 Aug 1871. CM-3, 470-489 - THOMAS, JONES, SNOUFFER Stephen A. THOMAS, creditor vs Archibald T. SNOUFFER, executor of Richard THOMAS, et al - Oct 1870 Richard THOMAS d/ 7 or 11 Sep 1870 (Will written 29 Aug 1870) widow - Mary A. THOMAS and 9 children, s/ Charles Byron THOMAS - Baltimore City s/ Richard THOMAS d/ Ada THOMAS, a minor - later w/o George M. THOMAS s/ John B. THOMAS, a minor s/ Frank THOMAS, a minor s/ William THOMAS, a minor d/ Fanny THOMAS, a minor s/ Robert Lee THOMAS, a minor d/ Mary J. THOMAS, a minor LAND - "Locust Bottom", 295 acre farm; devised to him by Will of his father, Otho THOMAS. Located 5 miles from Adamstown on the B & O Rail Road and 1 1/2 miles from the Washington and Point of Rocks Railroad and 2 miles from the Chesapeake & Ohio Canal and 1 mile from Greenfield Mills (one of the best wheat markets in the county). Improvements were brick house, good barn and well in the yard; fenced off in fields, each accessable to water. Also has orchards of Apple, Peach, Pears and Plums. Because there weren't three witnesses to the Will, the real estate is considered as though the deceased died intestate and therefore descends to the children and wife. Guardian was Herman C. KOEHLER. Testimony was heard from Lloyd T. DUVALL, Archibald T. SNOUFFER and Stephen A. THOMAS. On 11 Jan 1871, Daniel T. JONES made oath the widow was about 45 years old and her general health was good. Trustees were George W. SNOUFFER and George R. HAYS. SALE was held 28 Mar 1871 at the City Hotel in Frederick; high bidder was: - John MYERS at $50/acre; however, he was acting as agent for James C. CLARK and petition made for him to be the purchaser. Distribution of $10,000; court costs, $711.39 - Mary Thomas, widow, in lieu of dower, $1,786.07 (1/8 of $14,288.61) - Frederick Town Savings judgment for $5,000 w/int, $5,634.16 - multiple creditors, $1,868.58 Filed 14 Aug 1871. CM-3, 489-496 - GILBERT, MYERS, WARRENFELTZ Thomas P. HILLIARD, exec/of John L. GILBERT vs Mary E. MYERS - Nov 1869 John L. GILBERT, dec'd, of Washington County LAND - House & Lot, 3/4 acre, in Wolfsville near the school house; adjoining lands of Jacob LUDY, John O. HAYS and Wesley MARKEN and close to the German Reformed Church. Improvements were 1-story brick house with attic, stable, spring house and fruit trees. To John L. GILBERT from Jonathan ENGLISH, trustee. On 18 Apr 1863, agreement was made for John L. GILBERT to sell land to Mary E. MYERS at $285.50; terms, 1/3 down and balance over the next two years. Mary E. MYERS failed to make subsequent payments. Tenant at that time was Mary E. MYERS. Trustee was John RITCHIE, Esquire. Sale was scheduled on 4 Jun 1870 on the premises; however, the day before the sale, Daniel WARRENFELTZ, by agreement with Mary E. MYERS and her husband, John MYERS, advanced to the trustee the whole amount of the debt and expenses, $327.51, and agreed the MYERS' would relinquish all claim and the property would be conveyed to Daniel WARRENFELTZ. Filed 14 Jun 1870. [Blank pages - 497-498] CM-3, 499-504 - SPRINGER, SCHLOSSER, BOWLUS Peter G. SCHLOSSER, mortgagee of Thomas SPRINGER - Report of Sales - Jun 1870 Thomas SPRINGER d/ 1869 Administrator was Daniel SPRINGER who made Peter G. SCHLOSSER agent. LAND - Lot #15, 36x330', in Middletown. Improved with a 2-story brick house, smoke house, well and fruit trees. Then occupied by Dr. SPRINGER. To Thomas SPRINGER from Isaac BOWLUS & wife of Warren Co, Indiana in April 1867. Forclosure sale was held 28 May 1870; high bidder was: - Dr. Edward BOWLUS at $790 Distribution: court costs, $119.49 - Peter G. SCHLOSSER, mortgage, $571.55 - balance for court to distribute, $98.96 Closed 3 Mar 1871. CM-3, 505-521 - NIXDORFF, SMITH, HINKS, GETZENDANNER, MILLER, HAGAN Samuel HINKS & Others vs Franklin B. SMITH - Nov 1870 Susan NIXDORFF d/ 29 Sep 1870, intestate d/ Mary E. (NIXDORFF) SMITH, dec'd w/o George SMITH .....Charles C. SMITH & w/ Marian N. HINKS .....Emma J. SMITH .....Clara V. SMITH w/o M.E. GETZENDANNER .....Franklin B. SMITH, a minor d/ Susan (NIXDORFF) w/o Samuel HINKS d/ Julia Ann (NIXDORFF) w/o Charles M. MILLER s/ George A. NIXDORFF s/ Lewis M. NIXDORFF & w/ Eliza P. MILLER s/ Henry M. NIXDORFF LAND - Lot on north side of West Patrick St in Frederick Town by Carroll Creek. Improved with a 2-story brick house, then occupied by Susan NIXDORFF; a 2-story building used as a store and occupied by L.M. & H. M. NIXDORFF. Previously to Samuel NIXDORFF by Charles SHELL in 1786 [WR-6, 348]. (Henry inherited from his father, Samuel NIXDORFF). - Lot #4, wooded, in "Fielderia", 46 acres; from Lewis M. NIXDORFF and Henry M. NIXDORFF, trustees (in Equity case of Samuel HINKS & Others vs George SMITH & Others) to Susan NIXDORFF in 1862. Previously to Henry NIXDORFF, dec'd, by James HUGHES of Louisville, Kentucky, exec/of John HUGHES, in 1832 (JS-38, 33). Located near the lands of John HAGAN and the Frederick-Hagerstown turnpike and contained oak and chestnut timber. Guardian was Herman C. KOEHLER, Esquire. Testimony was heard from George METZGER (claimed Susan died latter part of Oct or 1st of Nov 1870); also from Samuel HALLER (also claimed she died in Oct or Nov 1870). Trustee was Lewis M. NIXDORFF. Sale was held at the City Hotel on 25 Mar 1871; high bidders were: - Henry M. NIXDORFF for the house and lot at $5,300 The wood lot did not receive a sufficient bid. On 13 May 1871 at the City Hotel, the wood lot, now divided into 4 lots were sold to: - John HAGAN for Lot #1, 12 acres at $12.50/acre - John HAGAN for Lot #2, 11 acres at $12.50/acre - John HAGAN for Lot #3, 8 acres at $19/acre - John HAGAN for Lot #4, 13 acres at $36/acre Total for lots, $955.39; total combined sales, $6,255.39. Distribution of $6,259.39; court costs, $450.18 - each 1/6 share to children, $968.20 (Mary's children each received $242.05) Closed 15 Jul 1871. CM-3, 521-526 - RAMSBURG, KEMP, CRUM William H.C. KEMP & George W. CRUM, trustees of George P. RAMSBURG - On Petition - May 1871 George P. RAMSBURG issued a deed in trust for his creditors to William H.C. KEMP and George W. CRUM, attorneys, as trustees in 1871. Land - store rooms on south side of West Patrick St in Frederick, then occupied by George P. RAMSBURG. Distribution of $1,862.92; court costs, $561 - balance to creditors. Closed 1 Jul 1871. CM-3, 526-531 - WILLS, KUNKEL, LAMBRIGHT Philip B. KUNKEL, mortgagee of William WILLS - On Petition - May 1871 Land - Lots #251-254 on east side of North Market St, and three doors south of Seventh St, in Frederick; improvements were brick house, 37 x 230', with stabling, slaughter house, desirable for a butcher. Adjoined lots of Theodore KEEFER and Conrad KAUFMAN, dec'd. Previously to John W. LAMBRIGHT (w/ Ann Rebecca) and William WILLS from Thomas THORNBURG and w/ Eliza in 1863 (BGH-8, 298); in 1865, the Lambrights coveyed their interest to William WILLS. Foreclosure sale held against William W. WILLS & w/ Mary J. (JWLC-2, 365) on 2 May 1871; high bidder was: - John LAMBRIGHT at $1,320 Distribution: court costs, $213.22 - Philip B. KUNKEL, mortgage, $1,016.66 - Philip B. KUNKEL, part of interest, $90.12 Closed 22 Jul 1871. CM-3, 531-538 - THOMAS, SPECHT Stephen A. THOMAS, mortgagee of Levin THOMAS & w/ Annie H. - Report of Sales - May 1871 Land - Lot #2, on parts "Whiskey Grog", "I Believe It Will Do" and "New Harbor", 188 acre farm; devised to Levin THOMAS by Will of Otho THOMAS (Will - TLML-1, 209-225). Located on east side of the Monocacy River near the mouth. Part of land had been sold to Baltimore and Ohio Rail Road (9 acres) in 1868. Part of land was in Montgomery County (47 acres) and only Frederick County part was sold. Included a frame house and barn, apple orchard and fine spring near the house. (see Deed TLML-1, 209-225) - Lot #2 of "Fair Play", 14 acre wooded lot; from estate of Otho THOMAS. Foreclosure sale was held 29 Apr 1871 on the premises; high bidder: - Daniel SPECHT at $3,327.60, subject to mortgage to Thomas M. HARWOOD. Distribution: court costs, $347.66 - S.A. THOMAS, mortgage, $1,099.53 - G.R. HAYS, judgements, $946.74 - F. BRENGLE, esquire, filing, $10 - William H. ADAMS, judgement, $63.85 - Peters and Bowman, judgement, $30.28 - balance remaining, $829.54 Closed 15 July 1871 CM-3, 539-547 - THOMAS, WASKEY, BLESSING, NIXDORFF Frederick County Building Association vs Leonard T. WASKEY & Elizabeth THOMAS - Report of Sales - May 1871 LAND - "Lashmutts Folly" and "New Discovery", 45 acres; to Elizabeth THOMAS by Mary BLESSING in 1852 [ES-4, 13-14]; previously to Mary BLESSING by George BLESSING, trustee of Nere BLESSING in 1850. Excluded were parts conveyed to Lewis E. THOMAS in 1858 (1+ acre). SALE was held 27 May 1871 at the City Hotel in Frederick; high bidder was: - Henry M. NIXDORFF at $458.45 Distribution: court costs, $100.98 - Frederick County Building Association, $357.47 Closed 4 Aug 1871. CM-3, 547-568 - BRENGLE, ZUMSTEIN, SANDERSON, HARDT, KEEFER, WOLFE, BROOKS, KINGSBAKER Nicholas BRENGLE vs Frederick ZUMSTEIN & Others - May 1871 Frederick ZUMSTEIN was security for Christian BRENGLE on a note to John SMITH of J. for $1,000 and thereby Christian BRENGLE issued a mortgage in trust to Frederick ZUMSTEIN and Christian BRENGLE. Frederick ZUMSTEIN and w/ Catharine conveyed the mortgaged property to William Raymond SANDERSON to secure debt ZUMSTEIN owed to Sanderson. The Zumsteins also mortgaged the property to the Frederick German Building Assoc and also to Jacob M. BUSHEY; and to John D. HARDT and Hiram M. KEEFER of HARDT & KEEFER; and Frederick Town Savings Institution for debts owed to them. Zumstein filed for bankruptcy and Milton G. URNER, Esquire, was named as assignee for him. Land - Lots #81 & 82 on west side of North Market St in Frederick Town. Previously to Brengle from Adam WOLFE and w/ Caroline in 1865. Improvements were 2-story house and 2-story back building, 1-story warehouse attached to the back building; alley on south side; one room in the 2nd story of house built by David W. BROOKS over the alley and facing Market St (described as a 2nd and 3rd story built over the alley and adjoining the two properties). There were two store rooms in the front building, one formerly occupied by Frederick ZUMSTEIN and the other by S. KINGSAKER, with gas in both store rooms and hydrant in the yard. Property is situated opposite the Junior Hall and the Farmers and Mechanics National Bank. Charles W. ROSS. Sale was held at the City Hotel in Frederick on 1 July 1871; high bidder was: - Solomon KINGSBAKER at $5,900 Distribution: court costs, $495.15 - Nicholas BRENGLE, 1st mortgage, $1,986.36 - William R. SANDERSON, 2nd mortgage, $2,322.46 - Frederick German Bldg Assoc, 3rd mortgage, in part, $1,096.03 Closed 23 Aug 1871. CM-3, 568-574 - DORCUS, BARRICK Jacob DORCUS & David F. DORCUS, mortgagees - Report of Sales - Oct 1870 Lewis E. DORCUS was indebted to Jacob DORCUS and Solomon BARRICK. Sureties were Jacob DORCUS and David F. DORCUS who were provided a mortgage by Lewis E. DORCUS and w/ Jane S. in 1867, which also included all of their farming and household goods. Land - "Wood Chance", "Richard's Good Will" and "Standing Stone", 75+ acres; on road from Woodsboro to the coppermine, adjoining lands of Mrs. RILEY and Jacob DORCUS. Previously to Lewis C. DORCUS from Francis W. BARNES, Atty/for William C. BURDOCK/BURDETT & w/ Susanna in 1862. Improvements included 2-story log house, frame barn, hog house, apple orchard and two good springs and well of water at the barn. - "Blacksmith's Delight", 5 acres; adjoining the above; from Samuel S. PHIPPS & w/ A.E.S. in 1866. Foreclosure sale was held 8 Oct 1870 on the premises; high bidders were: - Jacob DORCUS and David F. DORCUS at $2,482.12 Distribution: court costs, $214.18 - Jacob DORCUS, 56.28% of claim, $1.037.05 - David F. DORCUS, 56.28% of claim, $984.06 - Jacob DORCUS & D.F. DORCUS, 56.28% of claim, $246.83 Closed 21 Dec 1870. CM-3, 575-594 - HOUCK, HAMMOND, URNER Thomas HAMMOND vs Jacob J. HOUCK & w/ Ann Elizabeth - Foreclosure - Feb 1870 Land - "Hammonds Chance", "The Grove", 83 acres; and "The Grove", 22+ acres; lies on new county road from Liberty Town to McKinstry's Mills, about two miles NE of Libertytown, adjoining lands of Col. T. HAMMOND, Captain R. Emory SIMMONS and Maurice T. STARR. Improvements were a stone house, frame barn, blacksmith shop and dairy; was well watered and had spring convenient to the house and also a young orchard. It also has an inexhaustable quarry of limestone of best quality. Thomas HAMMOND filed an injunction to prevent Jacob J. HOUCK from cutting the timber. Trustees were Charles W. ROSS and Milton G. URNER. SALE was held 1 July 1871 at Jones' Corner in Libertytown; high bidder was: - Jonas URNER at $5,474.05 Distribution: court costs, $482.38 - Thomas HAMMOND, in part of mortgage, $4,991.67 Closed 24 Aug 1871. CM-3, 594-601 - WILLSON, BRISCOE, FLETCHER, FOUT, HILLEARY Michael W. FOUT vs George W. BRISCOE - Foreclosure - Apr 1871 Abraham WILLSON was indebted by mortgage to William FLETCHER, who assigned the mortgage to Michael W. FOUT. Abraham WILLSON d/ Feb 1870 (Will written 11 Jan 1870) He devised everything to his friend, George Washington BRISCOE and also made him his executor. LAND- Log House & Lot on east end of Petersville. From William FLETCHER who also built the house and held a mortgage for monies due from work on the house. Trustee was Michael W. FOUT. SALE was held 4 Jun 1871 on the premises; high bidder was: - Dr. John W. HILLEARY at $215.75 Distribution: court costs, $81.04 - Michael W. FOUT, assignee of William FLETCHER mortgage debt with interest, $45.85 - Michael W. FOUT, agent of George W. BRISCOE, admin/of Abraham WILLSON, dec'd, $88.86 Closed 19 Sep 1871. CM-3, 601-622 - THOMAS, DUDROW, RAMSBURG, SNOUFFER, DUVALL, MICHAEL, HARWOOD David O. THOMAS vs Mrs. Eliza J. THOMAS, et al - Sep 1870 Excerpts from the Will of Captain Otho THOMAS, dec'd s/ Charles E. THOMAS s/ Otho THOMAS Jr. s/ Jacob M. THOMAS Devised farms then occupied by Otho (Sr.), Charles E. THOMAS and Robert RAMSBURG / RENNENBERGER, containing 700 acres, to them; also the 89-acre mountain lots from John J. HARDING. In Dec 1865, a petition to divide the land was issued by Charles E. THOMAS and Otho THOMAS to be divided by commissioners who met at Point of Rocks. Property divided as follows: - Charles B. THOMAS - "Resurvey on Hazzard" and "Mad Wife", 217+ acres (Lot #1); and "Foul Play", 23+ acres (Lot #1, wooded). - Otho THOMAS Jr. - "Resurvey on Hazzard", "Hill in the Middle" and "Addition to Leonard's Beginning", 296 acres (Lot #2); and "Foul Play", 24 3/4 acres (Lot #3, wooded). ----- Charles E. THOMAS d/ 14 Mar 1869, intestate widow - Eliza Jane and 7 children s/ David O. THOMAS d/ Emma B. THOMAS (19), a minor d/ Maggie D. THOMAS (17), a minor s/ Charles E. THOMAS (15), a minor s/ Willie THOMAS (13), a minor d/ Harriett E. THOMAS (11), a minor d/ Eliza J. THOMAS (7), a minor LAND - "Resurvey on Hazzard" and "Mad Wife", 217+ acres; and "Foul Play", 23+ acres; devised from Will of Otho THOMAS. Located in Buckeystown District, about 2 miles from Point of Rocks and the Baltimore & Ohio Railroad; adjoining lands of Otho THOMAS and Henry S. MICHAEL. Improvements were a large frame house of 10 rooms, barn, corn house, wagon shed, an apple orchard, limestone soil and has six fiels under good fincing and is well watered in every field. - "Resurvey on Hazzard", "Hill in the Middle" and "Dry Branch", 204+ acres; adjoined Dr. DUVALL's land and the Rail Road ran through it; and "Foul Play", wooded Lot #2, 23 1/2 acres. Improvements were a log house, weather-boarded with 6 rooms, barn, corn house, blacksmith's shop, granery, servants' quarters, two apple orchards, limestone soil and is divided into 5 fields under good fencing and with running water in every field. From Jacob N. THOMAS in 1866. - The wood lots, "Foul Play", lay on Sugar Loaf Mountain in Urbana District. Deed of Mortgage was issued by Charles E. THOMAS & w/ Eliza J. to Jacob N. THOMAS who assigned said mortgage to Eliza J. THOMAS in Sep 1870, at that time for $5,821.07. At the same time, Eliza assigned said mortgage to the Central National Bank of Frederick and to the Frederick County National Bank of Frederick. On 1 Apr 1871, David E. DUTROW made oath the widow was about 43 years old and her general health was good. Guardian was Adolpheus FEARHEAKE, Esquire. Testimony was heard from George W. SNOUFFER and Dr. Lloyd P. DUVALL on 13 Apr 1871, both of whom listed the children's ages. Also testifying was Ezra MICHAEL. Trustee was George W. SNOUFFER, Esquire. SALE was held 1 Aug 1871 at the City Hotel in Frederick; high bidders were: - Thomas HARWOOD for the 204+ acre farm at $3,644.53. No sufficient bid was received for the home farm, 217 acres; however, on 14 Aug 1871, private sale was made to: - Ezra MICHAEL at $4,207.30. The wood lots were withdrawn, due to insufficient bids. Total sales, $7,857.83. Distribution: court costs, $709.48; - Frederick Co Natl Bank, $2,061.40 - Central Natl Bank, $2,061.40 - Eliza J. THOMAS, widow, in lieu of dower, 2/5, $2,251.49 - each child's 1/7 share, $109.72. Closed 4 Nov 1871. CM-3, 623-632 - HOOPER Thomas HOOPER, mortgagee of John HOOPER & w/ Catharine - Report of Sales - Jul 1871 LAND - Lot on east end of South St in Frederick; adjoined lot of Mrs. E. KILLION. From Thomas HOOPER and William HOOPER, execs/of John HOOPER, dec'd in Jan 1856 [BGF-2, 56]. Sale was held 15 Jun 1871; high bidder was: - John H. HOOPER at $500 Distribution: court costs, $179.35 - Thomas HOOPER, to pay Frederick Town Savings, $192.85 - Thomas HOOPER, interest, $22.16 - John HOOPER, balance, $105.64 Closed 19 Sep 1871. CM-3, 632-651 - HORSEY, MITCHELL, CARROLL, SLAVES, DIGGES, THOMAS, LYNCH, GOUVENEUR, FELTERINAU Maria C. CARROLL vs Outerbridge HORSEY, exec/of Mary Ellen HORSEY & Others - Nov 1870 Eliza D. HORSEY d/ testate s/ Outerbridge HORSEY d/ Mary Ellen HORSEY grandchildren - $1,000 each with interest from date of her death until they reach legal age Negro SLAVES - NACE, JACK, LLOYD, ISAAC, RACHAEL, MARY, NANCY and WILLIAM (MARIA'S CHILD) - to daughter, Mary Ellen HORSEY Negro SLAVES - SALLY and her children, FRANK, MOSES, ANNEY, DAVID, SUSAN, WILLIAM and NELLY, HENRY and JULIANNA (child of RACHAEL) - to son Outerbridge HORSEY Negro SLAVES - GRACE and her children, LUCY and NICK, CECILY, SARAH, JARED, KITTY and JULIET - to trustees or executors, to hold said negroes and their increase in trust for following uses and trusts: - to granddaughter Eliza Lee MITCHELL upon lawful age: CECILY, KITTY, LUCY and SARAH - to grandson Joseph T. MITCHELL upon lawful age: GRACE and her children, NICK, JARED and JULIET or to the survivor of those grandchildren; or if both deceased, then to revert back to my children. MANUMIT - MARIA CECILY - To serve daughter Mary Ellen until granddaughter Eliza Lee MITCHELL becomes of age to claim her. GRACE - old woman, son Outerbridge to support her BILLY, JANNEY and faithful servant EMILY to be maintained by daughter Mary Ellen LAND - to be divided between son and daughter, east to west, with daugher getting the house and improvements and not charged more than $500 for house. Son's share to include Distillery and hog pens and right of way through road from Distillery to the public road. Witnesses: Samel D. GOUVENEUR, M.D.G. RINGGOLD, M.D. GOUVENEUR [Will written 25 Jul 1856] Codicil dated 25 July 1856 - to better equal the values of negro SLAVES - to d/ Mary ELLEN - LLOYD, NACE, JACK, ISAAC, WILLIAM (s/o MARIA), RACHAEL, ANNEY, JULIANA, LOUISA, LEWIS Also land where house and farm improvements were located, now without a $500 payment. - to son Outerbridge - HENRY, FRANK, MOSES, WILLIAM, MARY, NANCY, SALLY, SUSAN, DAVID, THOMAS Also received the Distillery and Hog pens and land where Cooper's Shop and Distillery house, etc were. - Jesuit Novice Ship in Frederick $25 (where she wished to be buried by her husband - Mount St Mary's College - $50 - Provision that none of the negroes be sold to the South or out of the state of Maryland Witnesses: Samuel D. GOUVENEUR, Ellen LYNCH, M.D.L. GOUVENEUR and M.D.G. RINGGOLD Codicil dated 16 Jan 1859 - revoked the share to Outerbridge and instead devised it to his wife, Anna C. HORSEY; also, granddaughter Eliza Lee MITCHELL not to receive her share until age 25. Witnesses: Catharine ELDER, George W. WEST and H. DUNLOP Mary Ellen HORSEY d/ 14 or 16 Aug 1870 in Paris, France, testate bro/ Outerbridge HORSEY (exec) - after his death, estate to nephew/ George Carroll HORSEY, a minor - Paris, France - after his death, to his oldest son If nephew had no children, then to niece/ Mary Ellen HORSEY, a minor - if she dies before legal age, then to niece/ Eliza Lee HORSEY, a minor niece/ Eliza Lee MITCHELL ($200 yearly during her life) - Maria Caroline CARROLL - $500/yearly for 4 years, in trust for aiding in the erection of a Catholic Church in Burkittsville; if erection not begun, then to the Reverend Archbishop for the Industrial School of Baltimore, MD, and also $200/yearly for 5 years for the school. cousins/ Sally THOMAS Jr. and Maria THOMAS, or survivor of them, $100 - Novitiate in Frederick for masses - $50 - Items of jewelry and silver to: Maria C. CARROLL, Anna C. HORSEY, Mary Ella HORSEY, Eliza Lee HORSEY, George Carroll HORSEY, Mrs. M.D. GOUVENEUR, Mrs. E. LYNCH Gold Cross, containing hair of her grandparents, to E.C. HORSEY Portrait of his grandfather DIGGES to George C. HORSEY Portrait of herself to Maria C. CARROLL cousin/ Mary FELTERINAU of San Francisco - white lace cape and black lace flower Witnesses: Jacob M. KUNKEL, J.W. BAUGHMAN, Ann FITZPATRICK [Will written 10 Sep 1867] LAND - One undivided share in 425-acre Estate of her mother, Eliza D. HORSEY, whose Will devised lands to her son Outerbridge HORSEY and daughter Mary Ellen HORSEY, but a codicil revoked the share to Outerbridge and instead devised it to his wife, Anna C. HORSEY. Land was part of the "Needwood Estate" located between Petersville and Burkittsville; 100 acres in wood, residue divided into two farms. Improvements were a commodious double house, 2-stories high, part brick and part wood with several springs of water and a fine orchard and adjoins lands of Mrs. Mary D. GOUVENEUR and Thomas S. LEE. Guardian was Herman C. KOEHLER. Testimony was heard from: - Mrs. Anna C. HORSEY (w/o Outerbridge HORSE, sister to Maria C. CARROLL and mother of George Carroll, Mary Ellen & Eliza Lee HORSEY and aunt of Elisa Lee MITCHELL); claimed Mary Ellen HORSEY, dec'd, died 14 Aug 1870 in Paris, France. - Outerbridge HORSEY also testified to the same information. Trustee was James A. DALL. SALE was held 10 Jun 1871 on the premises in Petersville District; high bidder was: - Outerbridge HORSEY at $14,805 Distribution: court costs, $774.27 - Maria C. CARROLL, her claim, $4,618.33 - Outerbridge HORSEY, his claim, $9,156.42 - balance for further order of the court, $255.98 Closed 16 Oct 1871. CM-3, 652-661 - WASKEY, THOMAS, NIXDORFF, BLESSING, BASSFORD, ZIMMERMAN Henry M. NIXDORFF and Josiah G. THOMAS vs Leonard T. WASKEY & Others - May 1871 LAND - in Buckeystown District - 14 acres and improvements; devised to Elizabeth THOMAS by Will of Barbara THOMAS dated 7 June 1847 (GH-1, 227). Improvements were 1 1/2 story log weatherboarded house with back building, log barn, corn house, hog house, etc, and an apple orchard. Also a 4-acre wood lot on Catoctin Mountain, adjoining lands of the heirs of Neri BLESSING. - "Resurvey on Lashmutts Folly", "New Discovery"; to Elizabeth THOMAS by Mary BLESSING May 1852 (ES-4, 113) Deed of Mortgage by Leonard T. WASKEY and Ellizabeth THOMAS to Henry M. NIXDORFF and Josiah S. THOMAS for monies owed to Fredericktown Savings by Leonard T. WASKEY. However, the Frederick County Building Association had already sold the portion from Mary Blessing under a previous mortgage. There were also other judgements against Leonard T. WASKEY by Peter T. ZIMMERMAN and John C. HARDT and Hiram KEEFER t/a Hardt & Keefer. Charles W. ROSS was trustee. SALE was held 7 Oct 1871 at the City Hotel in Frederick; high bidder was: - Jacob BASSFORD for the 14 acres at $750.50 Distribution: court costs, $137.55 - Henry M. NIXDORFF & Josiah THOMAS, mortgage, $526.36 - Peter T. ZIMMERMAN, part of judgement, $86.59 Closed 4 Dec 1871. CM-3, 662-663 - GRIFFITH, WATKINS, PLUMMER, SLAVES Samuel W. PLUMMER, Mary E. PLUMMER & Henry A. GRIFFITH vs Lyde GRIFFITH & Others - Oct 1866 Lyde GRIFFITH of Montgomery County d/ 1839, testate (Will) s/ Lyde GRIFFITH d/ Rachael GRIFFITH w/o Samuel GRIFFITH to son Lyde, in trust for his sister Rachael; upon her death, to her children. - 160 acres to include buildings where Benjamin KING then lived - Negroes - MARIA, CHARLOTTE, KITTY, PLATER, EMILA, SAMUEL, ELIZA, ANNIE and WILLIAM ----- Rachael GRIFFITH d/ c1859, her 8 children, 1/ Lyde GRIFFITH 2/ Henry A. GRIFFITH 3/ Charles A. GRIFFITH d/ after his mother, testate (his wife devised his share to be divided equally to his nephew and niece, Byron H. GRIFFITH and Anna Mary GRIFFITH) 4/ Mordecai J. GRIFFITH d/ after his mother, intestate .......Byron H. GRIFFITH .......Anna Mary GRIFFITH 5/ John A. GRIFFITH 6/ C. Columbus GRIFFITH 7/ Ann WATKINS 8/ Mary E. w/o Samuel PLUMMER Clerk's note - to pause and resume later NOTE - Lyde GRIFFITH was married to Louisa, uncertain if Lyde was Rachael's son or brother. CM-3, 664-669 - RENN, LEISTER, WASKEY, SHAFF Trust Estate of Isaac RENN - Sep 1870 Isaac RENN & w/ Mary E. made Deed of Trust to John H. RENN for benefit of creditors. Land - 51+ acres; from Eli C. WASKEY & wife in 1859 (BGF-3, 654). Tenant then living there was Albert LEISTER. Located 1 mile south of Jefferson, on road from Jeferson to Adamstown, adjoining lands of Ezra THOMAS and Michael CULLER. Improvements were a 2-story log weather-boarded house with bank barn, corn house, smoke house, wagaon shed, laid out into five fields, three acres in timber, two in meadow with a well at the door and excellent spring nearby; also has an orchard of fruit trees. After a failed sale, private sale was made to: - Abraham SHAFF at $2,400 Distribution: court costs, $248.49 - numerous creditors, $1,599.89 - Isaac RENN, balance, $551.62 Closed 20 May 1871. CM-3, 670-674 - HOLTZMAN, RENNER, HOFFMAN John R. HOFFMAN, mortgagee of Hezekiah HOLTZMAN - Report of Sales - Mar 1871 Land - "I Am Glad It is No Worse", 24 acres; exception of 3 acres sold to Joshua RENNER. To Jacob POFFINBERGER from George KESSELRING in 1843 [JS-47, 44]. Sale was held 4 Mar 1871, high bidder was: - Martin HOFFMAN at $363 Distribution: court costs, $77.11 - John R. HOFFMAN, mortgage debt, $248.40 - John R. HOFFMAN, part pymt of judgment, $37.49 Closed 10 Jul 1871. CM-3, 674-680 - RUNKLES, WOOD, CLAY, SELLMAN Joseph WOOD, trustee - On Petition - Feb 1870 Joseph RUNKLES & w/ Amanda conveyed Deed of Trust to Joseph WOOD and also conveyed a deed to their son, Samuel RUNKLES who conveyed the same to Joseph WOOD, all for creditors of Joseph RUNKLES. Land - "Pretty Sally" and "Bite Me Softly", 157 acres, in New Market District. Sale was held 19 Feb 1870, high bidder was: - George M. CLAY at $875, subject to mortgage of William O. SELLMAN for $1,000. Distribution: court costs, $167.40 - Joseph WOOD, claim, $110 - F.J. NELSON, Atty/for W.H.B. DORSEY, mechanic's lien, $103.46 - balance to numerous other creditors. Closed 28 May 1870. CM-3, 680-685 - CLARY, POOLE, MOLESWORTH Thornton POOLE - On Petition - Jan 1871 Nathaniel H. CLARY and Samuel A. CLARY, t/a N H Clary & Co, issued a Deed of Trust, for their creditors, to Thornton POOLE in 1869. Distribution from sale of goods, horses, buggys, etc - $2,678.17: - Court costs, $870.97 - George W. MOLESWORTH, part of mortgage claim, $1,807.20 Closed 16 Jul 1871. CM-3, 685-690 - DELAPLANE, SEISS, CREAGER, WINEBRENNER, GRIMES David C. WINEBRENNER, mortgagee of Wesley DELAPLANE, Salome DELAPLANE and Caroline SEISS - On Petition - Sep 1871 Deed of Mortgage to David C. WINEBRENNER in 1870. Land - Lot #40 in Mechanicstown, on east side of South or Water St. Improvements were a 2-story house and store room. Then occupied by Wesley DELAPLANE. To Salome DELAPLANE and Caroline SEISS from Octavius A. CREAGER & wife in 1866. SALE was held 2 Sep 1871 at Gilbert's Hotel in Mechanictown, high bidder was: - Warner T. GRIMES at $1,325 Distribution - court costs, $154.45 - D.C. WINEBRENNER, mortgage, $983.25 - Salome DELAPLANE and CAROLINE SEISS, $187.30 Closed 28 Dec 1871. CM-3, 690-700 - McLEAN, URNER, LINN Milton G. URNER - On Petition - Feb 1871 Thomas L. McLEAN & w/ Charlotte A. issued Deed of Trust for their creditors to Milton G. URNER. LAND - House and Lot on north side of West Third St in Frederick City. To T.L. McLEAN from Catharine M. SHULTZ in 1866. Public sale was held 26 Jan 1871 at the New Auction Sales Room of Levi VANFOSSEN, Esquire in Frederick City at corner of Third and Market Sts; high bidder was: - John T. LINN at $1,710 Also sold was bank stock, turnpike stock of Frederick and Catoctin Mountain Road Company. Distribution of $5,696.81; court costs, $855.66 - various taxes, $180.52 - T. M. MARKELL, of 1st National Bank, $516.75 - George SHULTZ, lien, $809.39 - John A. DEGRANGE & G.W. DEGRANGE, execs/of Elizabeth DEGRANGE, 49% of claim, $167.57 - balance to numerous creditors at 49% of claims Closed 28 Jul 1871. CM-3, 700-710 - LANDERS, BIGGS, BITTINGER, ROUZER Joshua BIGGS, trustee/of William C. LANDERS - Report of Sales - Oct 1871 Land - 200 acres, Divided into Lots, conveniently located on turnpike from Frederick to Emmittsburg, near Mechanicstown and Mt St Mary's College and St Joseph's Academy, all with pure springs. 1 - 136 1/2 acres on north side of Owings Creek. Improved with large bank barn, under post and rail fencing with 11 springs of good water, one of which is a medicinal spring with rare curative properties; another is a cold spring and used as a resort for picnic and pleasure parties. To William C. LANDERS from Hellen LANDERS by her Will on 2 Apr 1860. 2 - Franklin Mills, 30+ acres with water rights; located on Owings Creek with all modern improvements, a chopping mill and saw mill, with brick house and several springs of mountain water nearby which run into the kitchen with a variety of fruit trees. The Mill is a large 4-story brick building, 65x50', with two run of burrs, capable of manufacturing 100 barrels of flour a day; has an overshot power of 15 feet. The water, after passing through the mill for 250 yards, is again used to turn a chopping and plastering mill with two run of stones. also has a saw mill attached with a 16' power. To William C. LANDERS from Jacob FIROR & wife in 1841. 3 - 1 1/4 acres with a large storehouse with dwelling attached. 4 - 9 acres with weatherboarded house and limestone quarry and lime kiln, considered the stonest lime in the state. 5 - 18 1/2 acres with house, fruit trees, under good post and rail fence. 6 - 1+ acre with rough cast house 7 - 3 acres with rough cased house 8 - 1 acre with frame weatherboarded house 9 - 28 acres of mountain land, about 1 mile from Franklin Mills and lies on the Western Maryland Railroad. To William C. LANDERS from Benjamin SEIS & wife in 1846. Sales to: - William BITTINGER for 200 acres at $23,500 - Martin ROUZER for 28 acres at $259 - also sold personal chattels for $3,040 - also collected debts of $1,768.49 1st Distribution of $10,231.37; court costs, $1,318.05 - Joshua BIGGS & John ROUZER on mortgage, $6,939.54 Balance to a multitude of creditor claims. Closed 19 Feb 1872. CM-3, 711-712 - ULRICH, BUSHEY, GAMBLE Jacob M. BUSHEY vs William E. ULRICH & w/ Frances E. ULRICH - Report of Sales - Oct 1871 LAND - Lots #23 & 24 of "Shield's Addition to Emmittsburg", 1 acre - 6 acres, lying 1/2 mile north of Emmittsburg. To Frances ULRIC from John HICKUM. SALE held 17 Oct 1871 at Adelsberger's Hotel in Emmitsburg, Jacob M. BUSHEY sold property held in mortgage to: - David GAMBLE at $754 Discontinued at suggestion of Attorney F. BRENGLE, Esquire, without change of Title. - 31 Oct 1871 CM-3, 712-730 - TYLER, SUMMERS, GROFF Jacob V. SUMMERS vs The Frederick Deutsche Schintzen Gesells Chaft - Report of Sales - Aug 1870 William TYLER assigned a mortgage (of The Frederick Deutsche Schintzen Gesells Chaft to William TYLER and M.B. TYLER) to Jacob V. SUMMERS in July 1870. M.B. TYLER was then deceased. The officers of The Frederick Deutsche Schintzen Gesells Chaft were Ernst A.C. FOX, president; Michael LEILICH, vice-president; and George ESTERLY, secretary. LAND - 28 acres Lot on turnpike from Frederick to Brunners Mill (on the south) and the road from Frederick City to Hamburg on the north and bounded on the west by land of Lewis M. NIXDORFF and on the east by lands of Mrs. Gideon BANTZ and Mrs. Margaret GOLDSBOROUGH. Laid off in drives and walks, planted with a thousand shade trees and evergreens with large new 2-story brick mansion of the best materials. The main hall is 80' long and 40' wide in the highest state of art, surmounted with an observatory which has a full view of the beautiful and fertile Frederick Valley. Hydrant water is on the property, suitable for a county seat, boarding school or public resort. From William TYLER Sr & w/ Mary B. to officers and directors and their successors of The Frederick Deutsche Schintzen Gesells Chaft in 1867. Directors and Officers were: Ernst A.C. FOX, Michael LEILICH, J.W. BIRELY, George ESTERLY, Frederick SCHROEDER, Henry BAUMGARTNER, C. MEUSENDICK, Jacob HEINTZ, Christian H. ECKSTEIN, Justus MILLER, Israel SCHUBART and Christian ECKSTEIN. Previously to Tyler from John H. WILLIAMS, trustee of Charles WILLSON. Trustees were John RITCHIE, Milton G. URNER and Christian H. ECKSTEIN. SALE was held 26 Nov 1870 at the City Hotel in Frederick; high bidder was: - Joseph GROFF at $12,000 Distribution: court costs, $1,154.47 - Jacob V. SUMMERS, assignee of W. TYLER, Sr mortgage, $5,082.60 - HARDT & KEAFER, assignees of ZUMSTEIN & RHODES, partial mortgage, $2,849.60 - E.A.C. FOX, Frederick ZUMSTEIN, Frederick SCHROEDER, George ESTERLY, partial mortgage, $2,913.33 Filed 15 Jun 1871. CM-3, 731-732 - Blank pages CM-3, 733-748 - GRIFFITH, MASON, DETRICK John L. MASON vs David Porter GRIFFITH - Nov 1869 John L. MASON and David P. GRIFFITH were partners, t/a Griffith & Mason, in a business for buying and grinding bark and sumac and selling the same. LAND - 'Bark Mill', 1 acre, on west end of Monrovia on the B&O Railroad. Improvements included an engine room built by Griffith at his expense. To David P. GRIFFITH from Hugh McALEER. Debts owed to HARDT & KEEFER, lumber dealers, in Frederick City. Receiver for the dissolution of the business was John RITCHIE. SALE was held 12 Mar 1870 on the premises; high bidder was: - Louis F. DETRICK, a merchant in Baltimore city, for the mill property and machinery at $1,525 - merchandise sold to various people at $47.08 Partial Distribution of $1,326.75; court costs, $155.62 - Frederick J. NELSON, atty/for Calvin PAGE, mechanics' lien, $385.18 - Samuel E. GROVE, 72% of claim, $127.82 - N.W. HAMMOND, 72% of claim, $84.06 - D.P. GRIFFITH, 72% of claim, $192.38 - John L. MASON, 72% of claim, $214.43 - M.J. GROVE, 72% of claim, $5.93 - HARDT & KEEFER, 72% of claim, $161.33 Other distributions also distributed to creditors. Filed 12 Mar 1872. CM-3, 748-750 - OHLER, MORT, HOUCK, POWELL, DEIHL, STOUTER Solomon OHLER, et al vs Margaret OHLER, et al - Trustee's Report - Feb 1872 Trustee's Report - Funds received from Delilah OHLER on land purchases and monies received from Michael STOUTER. Trustees were Solomon OHLER and Charles W. ROSS. Distribution of $2,459.23; court costs, $123.98 to children of deceased - Catharine MORT, 1/10, $233.52 - Solomon OHLER, 1/10, $233.52 - Michael HOUCK, assignee of Levi N. OHLER, 1/10, $233.52 - George H. OHLER, 1/10, $233.52 - Julia Ann POWELL, 1/10, $233.52 - Joshua OHLER, 1/10, $233.52 - Elizabeth HOUCK, 1/10, $233.52 - Frederick OHLER, 1/10, $233.52 - Delilah OHLER, 1/10, $233.52 - Allie DEIHL, 1/10, $233.52 Filed 23 Mar 1872. (Also see CM-2, 384-402) The End of CM-3 Frederick MDGenWeb Coordinator - Dorinda Shepley MDGenWeb © Copyright 2024 Last revised on April 12, 2024

Equity Court Abstracts

Book CM-3 - 1870-1872

Frederick County, Maryland

These are abstracts from Equity Court Records of Frederick County, Maryland, many times providing family data on the defendant and sometimes on persons not mentioned on the docket. Some of the listings are quite informative while others, being dismissed, may only have the date and name of plantiff and defendant. However, the cases brought before the judge consisted of sworn testimony and each one holds a story. Perhaps you will find a story connected to your search.
[Records Located at Maryland State Archives]

CM-3, 1-44 - DUVALL, DELASHMUTT, BAKER, SLAVES, LYNCH, KEMP, DUTROW, SMITH, SIMMONS, CRIST

Samuel DUTROW, creditor vs Arthur DELASHMUTT & Others - Dec 1869

Grafton DUVALL d/ 29 Oct 1868, testate
widow - Columbia F. (DUTROW) * (not married when Will was written)

s/ Samuel G. DUVALL, a minor (not listed in Will as parents not yet married)
s/ Edwin S. DUVALL, a minor (not listed in Will as parents not yet married)

sis/ Jemima A. DUVALL ($1,000)
sis/ Sarah A. DUVALL ($1,000)
sis/ Cordelia DUVALL ($1,000)
sis/ Ruth DUVALL w/o Arthur DELASHMUTT ($600)
bro/ Benjamin W. DUVALL (residue after Jemima's death and to provide
for single sisters)

SLAVES
- Servant man, THOMAS (to bro/ Benjamin, to serve as per bill of sale
from execs/of William LYNCH)
- Servant woman, MARY (to single sisters, as slave for life from Estate
of David KEMP; but to be free when age 35 and her issue to be set free,
females at age 18 and males at age 21 and any of their children to be free)
- Servant old woman BECKEY (to single sisters and to be well cared for
during her life).

Grafton was contemplating marriage and devised remainder to his wife if
marriage occurred; but if not married, for use of his sister Jemima and
upon her death, to:

- Missionary Society of Methodist Episcopal Church - $500
- Aged Women's Home, Baltimore City - $500
sis/ Rebecca BAKER - $200

Execs/ bro/ Benjamin W. DUVALL and bro/law Arthur DELASHMUTT
Witnesses: B. Amos CUNNINGHAM and W. Armstrong CUNNINGHAM
[Will written 15 Sep 1858]

Real Estate was not included in Will.

LAND - "Rockey Fountain", 1 acre; runs to west edge of Baltimore and
Ohio Rail Road.
From William P. NORRIS of Baltimore City, exec/of George HOSSELBOCK
(Will 29 Feb 1840, Baltimore city), late of Frederick County, to Davis
RICHARDSON, Daniel BAKER, Banjamin Amos CUNNINHGAM and
Grafton DUVALL in 1852.
(William B. NORRIS was also exec/of Davis RICHARDSON)

- part "Good Luck", a 2-acre Lot known as "Old Stone House" in Buckeystown,
on west side of public road from Frederick to Mouth of Monocacy; to Benjamin
A. CUNNINGHAM, Grafton DUVALL, Daniel BAKER and Arthur DELASHMUTT
in 1853, from Lewis KEMP, as trustee in 1839 Equity case of Daniel BUCKEY
& others vs Ann Rebecca BUCKEY & Others.
Previously from Eliza BUCKEY to George BUCKEY in 1807, except for part
conveyed by George KELLENBERGER of Ohio to Andrew MICHAEL in 1832
(JS-40, 181) and lot sold to Amos L. WELLING in 1851.
Grafton purchased shares of the others, subject to terms that no liquor
was ever to be sold on premised, but no deed was recorded.

- "Good Luck", 5 acres, adjoining Buckeystown, on west side of
public road from Frederick to Mouth of Monocacy; to Benjamin A.
CUNNINGHAM and Grafton DUVALL in 1853 from Lewis KEMP, as trustee
in 1839 Equity case of Daniel BUCKEY & others vs Ann Rebecca BUCKEY
& Others. Located on south side of road from Buckeystown to Jefferson
and to first line of Lot #5 of "Carrollton".

- "Good Luck", 2 Lots,
- 1/4 acre, in Buckeystown district; from Benjamin A. CUNNINGHAM
in 1857. Lies on main road from Fredericktown to the Monocacy and
where road to Monocacy Mill crosses, adjoins "Rockey Fountain".
Previously to Cunningham from Abraham KOONTZ & wife in 1834
[JS-49, 450].
- 5 acres; on west side of road from Fredericktown to Mouth of Monocacy
and adjoins the first one and is on south side of road from Buckeystown
to Jefferson and adjoins "Carrollton".

- "Manor Farm", Lot #3, part of "Carroll's Manor" and "Resurvey on
Fox Hall", 188 acres; from Basil J. DELASHMUTT and Thomas R. JARBOE,
trustees in Equity Case #3046, Basil DELASHMUTT & Others vs George W.
EAGLE & Others (Lycurgas EAGLE was also appointed as trustee, but was
later removed). Sold to Grafton for $12,248.23. Adjoins land of William
EAGLE (from St. George TUCKER in 1858), on road from Greenfield Mills to
Adamstown and road from Noland's Ferry to Fredericktown and by farm of
Benjamin MOFFETT and land of J. L. BELT (from Charles CARROLL).
Exception is 1 acre of 20' wide road for Elizabeth Frances DELASHMUTT;
right of way was granted to Grafton by Basil DELASHMUTT & w/ Elizabeth
Frances in 1865.

- parts "New Bremen" and "Resurvey on Foxes Hall", 124 acres;
from Basil DELASHMUTT & w/ Elizabeth Frances in 1865.
Adjoins land of "Carrollton Manor", William EAGLE, Elizabeth DELASHMUTT
and Grafton's Manor farm and runs to western side of Monocacy River.
Previously to Elizabeth F. DELASHMUTT from Basil DELASHMUTT and Thomas
R. JARBOE (BGF-9, 30)

- "Foul Play", 19 acres, in Sugar Loaf Mountain; from Job D. EICHELBERGER
& w/ Mariah H. in 1866. Previously to Eichelberger from Charles S. SIMMONS
in 1854.

- Tract in Buckeystown District, 3 acres; previously sold to Charles LEASH
by William RICHARDSON (& w/ Elizabeth R. "Lizzie"), but purchased by Grafton
as LEASH was unable to comply with terms; however, Grafton died before receiving
the deed.

Sold to Jacob CRIST, part "Resurvey on Fox Hall" and part "New Bremen",
90+ acres; by Grafton DUVALL; however, deed was never conveyed.

Guardian was Walker Y. PAGE, Esquire. Testimony was heard from
Daniel BAKER who stated the death date of deceased and children's
names; also stated the 2-acres of "Good Luck" is actually owned by
the Methodist Episcopal Church.
Also testifying were: B. Amos CUNNINGHAM (stated same info as Baker),
Col. William RICHARDSON; B.W. DUVALL and Arthur DELASHMUTT stated
the debts of the estate amounted to $22,889.53.

Trustee was Henry BAKER. Sale was held in Buckeystown on 9 Jun 1870;
high bidders were:
- Samuel DUTROW for the 188 acre farm at $92.50/acre; has log house and
frame barn, etc and has stream of water passing through property.
William CRIST was then living on the farm, located 3 1/2 miles from
Buckeystown on road to Noland's Ferry.
- Daniel BAKER for the brick house and late residence of Grafton DUVALL
in Buckeystown at $4,000; house is 2-story with slae roof with back
building attached, containing 14 rooms from the cellar to the garret,
with bath room, rooms are all furnished in the very best manner and has
marble mantles throught he house with every modern convenience, built
in 1866 and costing between $7,000-$8,000. There is a well of excellent
water near the door, a cistern, ice house, meat house, dairy, orchard,
beautiful yard and has 3 1/2 acres connected to the property.
- Thomas A. SMITH of F. for the 2-story frame house in Buckeystown at $710;
has back building attached with 7 rooms, good garden and stabling, cistern
near the door, adjoins previous property.
- Daniel BAKER for the large 2-story stone house in Buckeystown at $800;
has back building, formerly the tavern stand in Buckeystown with 2 acres
attached, house has 12 rooms.
- Daniel BAKER for the 3 1/2 acre Lot adjoining village of Buckeystown
at $81/acre
- Daniel BAKER for the four Lots, each fronting Buckeystown Turnpike,
60 x 195' at $50/per lot
- Daniel BAKER for 1/4 acre and small building, adjoining the Village of
Buckeystown, at $251
- Charles S. SIMMONS for the 19-acre mountain lot in Sugar Loaf Mountain
at $6.90/acre; set in Chestnut
- Jacob CRIST for wooded 34 acres, adjoining part sold to Jacob CRIST,
at $14/acre
Total sales, $24,314.40.

1st Distribution of $$8,104.80; court costs, $790.78
- Columbia F. DUVALL, widow, in lieu of dower, 1/7, $3,360.52
Balance was paid to various creditors at 14% of their claims.

Filed 21 Oct 1870.

NOTE - Frederick Co, MD Marriage Licenses *
- Grafton DUVALL to Columbia F. DUTROW - Sep 15, 1858

CM-3, 44-55 - KINNEY, MYERS, BARNHART, ECKER, DAYHOFF

Zacharias MYERS & w/ Susan vs John KINNEY & Others - Sep 1869

John KINNEY d/ 1863, intestate
widow - Margaret d/ 1868

d/ Susan w/o Zacharias MYERS
d/ Mary Ann w/o John KINNEY
d/ Sarah w/o David BARNHART - Baltimore County

LAND - "Friendship", 1 acre and house, on Pipe Creek; from Joel PUSEY
(w/ Ann) in 1817. Adjoined land of Nathan RAITT (from John MISSLER
in 1814). Lies near mouth of Beaver Dam, adjoining lands of Benjamin
ECKER; has 2-story log house and stable, etc.

Testimony was heard from Samuel B. ECKER and Zacharias MYERS.
Trustee was Zacharias MYERS; sale was held 18 Apr 1870, high
bidder was:
- Josiah DAYHOFF at $337.50

Distribution: court costs, $104.55
- each child's 1/3, $77.65

Closed 27 Jun 1870.

CM-3, 55-59 - ENGEL / ENGLE, STONER

David ENGEL, et al vs Nancy ENGEL, et al - Dec 1870

John ENGEL d/ 21 Jun 1870 in Carroll County, intestate
widow - Nancy - Carroll County

s/ David ENGEL - Carroll County
d/ Mary A. ENGEL - Carroll County
d/ Hetty ENGEL - Carroll County
d/ Belinda ENGEL w/o Ephraim STONER - Carroll County
s/ Jesse C. ENGEL
s/ Samuel ENGEL - Seneca Co, Ohio
s/ Ephraim P. ENGEL - California

s/ John R. ENGEL d/ 1862
.....John D. ENGEL, a minor - Carroll County
.....Mary A. ENGEL, a minor - Carroll County
.....(unnamed child) d/ bet 1862-1870
.....(unnamed child) d/ bet 1862-1870

Land - in Frederick and Carroll Counties

Trustee was David ENGLE. Sale was held 1 Oct 1870; high bidder:
- Nancy ENGLE for 25 acres in Carroll County at $2,500

On 4 Oct 1870, sale in Frederick County; high bidders:
- Jesse C. ENGEL for 119+ acres at $85/acre, $10,160.75

On 24 Oct 1870, after failed public sale, private sale made to:
- Jesse C. ENGEL for 9+ acres at $55/acre, $538.31

Total sales, $13,199.06.

Submitted to auditor 17 Dec 1870. (Seems many papers missing from file)

CM-3, 60-79 - MARLOW, DUDOROW, CLAPHAM, SLAVES, HILLEARY

Tuisco MARLOW and Draco MARLOW, et al vs Parmenco MARLOW, et al - Feb 1868

Thomas J. MARLOW, dec'd of Frederick Co, MD
widow - Mary

s/ Tuisco MARLOW of Sangamore Co, IL
s/ Draco MARLOW of Sangamore Co, IL
s/ Parmanio MARLOW
d/ Margaret E. w/o James DUDOROW
d/ Sarah Rebecca w/o Samuel CLAPHAM of Loudoun Co, VA
s/ Thomas Judson MARLOW of Calloway Co, MO
d/ Mary Ollivia MARLOW
s/ Robert Emory MARLOW of Calloway Co, MO
d/ Frances Louisa MARLOW

s/ John S. MARLOW, dec'd
...w/ Eliza MARLOW - Montgomery Co, MO
......William H. MARLOW, a minor
......Thomas M. MARLOW, a minor
......Clarence MARLOW, a minor
......Edward E. MARLOW, a minor
......James D. MARLOW, a minor
......Mary E. MARLOW, a minor
......Johnette S. MARLOW, a minor

Thomas J. MARLOW died with a Will; however, the Kentucky land was
then left to his wife who now chooses it be sold with the estate.
- property for his business was from his wife
- to wife and two sisters, the (home) farm of 154 acres,
from Thomas F. MARLOW & w/ Elizabeth
- servants, ROSETTA and LUCINDA (to wife)
- young female servants, one to each of his daughters

Exec/ son-in-law James DUDOROW
Witnesses: Samuel B. PRESTON, Tilghman HILLEARY, H.T. DEAVER,
Job MILLER
[Will written 13 Dec 1854]

Land - "Resurvey", "Fielderea Manor" and "Resurvey of Hawkins
Merry Peep O'Day", 171+ acres + 173+ acres; to Thomas J. MARLOW
of Loudoun Co, VA (WV) from Robert E. DORSEY of Baltimore County,
trustee of Estate of Elizabeth W. DUVALL (HS-5, 313). Adjoined
tract "Brother's Good Will" and land of George RICHARDS and Solomon
BLESSING. Second tract adjoined lands of Dr. Grafton DUVALL &
w/ Elizabeth W. in 1821 (from Henry CLAGETT & w/ Julia).
- Kentucky tract, 173+ acres, with a tract of mountain land; from
Col. Thomas JOHNSON. (to wife, then divided among children after
her death).

Guardian was Elijah D. OWEN, Montgomery Co, MO.
Testimony was heard from Parmanio MARLOW who stated the widow was
67-68 years old. Also testifying was Thomas HILLEARY.

Trustee was Frederick J. NELSON. Sale was for Frederick County land
and held 8 Apr 1867; high bidders were:
- Thomas HILLEARY and Tilghman HILLEARY at $6,773.62

Distribution: court costs, $407.15
- Mary MARLOW, widow, in lieu of dower, 1/10, $636.64
- each 1/10 share to children, $572.98.
Closed 23 Sep 1870.

CM-3, 79-88 - SMITH, HARDMAN, RHODES, BYERS, ELDER

Philip HARDMAN vs Francis SMITH & w/ Mary Ann
- Foreclosure - Feb 1870

Land - House & Lot in Emmitsburg, on west side of road to Gettysburg, PA
and adjoining lot of John BERRY (from Reuben BAKER) on the north, an alley
on the west and alley on the south; from Jacob MARTIN, Constable in 1850.
The house was 2-story with back building and had a ten pin alley. The old
'Hooker House' was on the south side.

Trustee was John C. MOTTER. Sale was held at the Western Maryland Hotel
in Emmittsburg on 19 May 1870; high bidders were:
- David RHODES, Joseph BYERS and James A. ELDER at $1,450

Distribution: court costs, $140.90
- Philip HARDMAN, on mortgage, $1,324.38
(Release signed by Barbara HARDMAN,
executrix of Philip HARDMAN)
- leaves balance of $15.28
Closed 10 Aug 1870.

CM-3, 88-95 - YOUNG, BANTZ, DOLL, MEALEY

Gideon BANTZ, mortgagee vs Allen M. YOUNG & w/ Ann Rebecca YOUNG
- Foreclosure - Feb 1870

Allen M. YOUNG & w/ Ann Rebecca YOUNG had property mortgaged to
Gideon BANTZ. Allen M. Young died before the mortgage was paid.

Land - House & Lot, 31x160', on the west side of South Market St
extended in Frederick; from Jacob MARKELL (Deed BGF-6, 378-379).
Included was a 3-story brick house with a large parlor with folding
doors and a hall on the first floor and three rooms on each of the
other stories, a large back building with a dining room and kitchen
on the first floor and two rooms on the second floor, connected with
a yard and garden with a hydrant near the door; nearly opposite
the Maryland Institution for the Deaf and Dumb. It was then in the
occupancy of Mrs. John R. DOLL.
- House & Lot adjoining the previous mentioned lot; includes a new
3-story brick house with five rooms and a kitchen.
- "Daniel's Small Tract", 169 acres; from Nicholas WORTHINGTON &
w/ Nettie A. in 1863 (JWLC-1, 50). Also included were livestock,
carriages, farm implements, blacksmith tools, McCormack reaper,
cob and corn mill, an apple mill and press and all household furniture.

Foreclosure sale held at the Dill House in Frederick city on 17 Mar 1870;
high bidder was:
- Charles E. MEALEY at $1,725; subject to mortgage of George MYER of $1,000
However, Mealey sold his interest to Gideon BANTZ.

Distribution of $1,725; court costs, $164.37
- Gideon BANTZ, part claim of mortgage, $1,560.63
Closed 13 Jun 1870.

CM-3, 95-125 - NELSON, ADAMS, COOPER, GRAHAM, JOHNSON, FOUT, JARBOE

Emily JOHNSON vs Michael W. FOUT, Thomas R. JARBOE & Others - Apr 1870

John Henry NELSON d/ 5 Mar 1870, intestate
widow - Jennette M. (d/o Valentine ADAMS)

d/ Sarah S. NELSON, a minor
s/ Holliday Hicks NELSON, a minor
s/ Abraham T.A. NELSON, a minor
s/ Thomas A. NELSON, a minor *
d/ Eleanora J. NELSON, a minor
s/ Henry V. NELSON, a minor
s/ Lewis C. NELSON, a minor

Equity on 30 Oct 1863 - John H. NELSON was appointed trustee to
replace William H.H. ADAMS, now deceased, per the Will of Valentine
ADAMS as he bequeathed in Trust for:
- Jannette M. NELSON (his wife & d/o Valentine ADAMS)
- Fannie E.C. ADAMS (d/o Valentine ADAMS)
- Eleanora Minnie COOPER, a minor - near Cincinnati, Ohio

Equity securities were Thomas R. JARBOE and Michael William FOUT.
Mortgage was made by John H. NELSON & wife to his securities
on the 140 acre property to indemnify them; subject to an annuity
to Sarah ADAMS, wid/of Valentine ADAMS for $100.

Land
- "Resurvey on Locust Level" and "Keefer's Prospect", 113+ acres;
from W.H.H. ADAMS, Exec/of Valentine ADAMS in 1861.
Mortgaged to Emily JOHNSON in 1867.
- "Resurvey on Locust Level", 140+ acres; John H. NELSON and Fannie
E.C. ADAMS, trustees in 1863 Equity case of Eleanor M. COOPER by
Godfrey KOONTZ against Abraham F. ADAMS & w/ Sarah Ann, to
Michael W. FOUT in 1863 at $12,410.15; but, sale was transferred to
John H. NELSON with provision to pay Emily JOHNSON on mortgage;
also to pay Sarah ADAMS, wid/o Valentine ADAMS, an annuity of $100
for and during her natural life, as set forth in the Will of Valentine
ADAMS (property was part of his estate). Located on road from Frederick
to Buckeystown, adjoining land of Valentine ADAMS.
(Previously, in 1864, 60 acres was sold to Michael H. HALLER by John
H. NELSON, leaving 140 acres).
Property is on the Buckeystown Turnpike, about 2 miles south of Frederick,
adjoining lands of Mrs. C.V. SMITH and Dr. McKINNY.
The soil is limestone, quality unsurpassed; improvements consist of a 2-story
brick house of 9 rooms and kitchen, barn, stabling, shedding, corn house,
ice house, a first-class farm. There is also a tenant house which has recently
been repaired at great expense. Farm lately used as a dairy farm for at least
30 cows; has fine water, milk house, fine orchard of various fruit.

Guardian for Eleanora M. COOPER was Abraham T. ADAMS, Esquire, of Kenton
Co, Kentucky. Guardian for John H. NELSON's children was Arthur POTTS,
Esquire. Testifying was Godfrey KOONTZ and David O. THOMAS (provided
death date for John H. NELSON)

Trustees were Michael W. FOUT, Thomas R. JARBOE and Otis JOHNSON.
Sale was held 6 Aug 1870 at the City Hotel in Frederick City; however,
being unable to get a sufficient bid for the 140 acre home farm, private
sales were made to:
- William GRAHAM for 140 acres at $90/acre, subject to the $100 yearly
annuity to Mrs. Sarah ADAMS
- Mrs. Emily JOHNSON for 53 acres (of the 113 acres) at $70/acre
Sales from the crops on both properties collected was $611.29 and
$374.73. Total sales, $17,357.89.

Trustee for Jeannette M. NELSON was John P. JONES.
Trustee for Fanny E.C. NELSON was John H. DIETRICK.
Eleanora COOPER is nearing the age of 21, so will be payable
to her upon her attaining that age.

1st Distribution of $13,273.17; court costs, $856.60
- Mrs. Valentine ADAMS, annuity w/int, $214.30
- M.W. FOUT & T.R. JARBOE, mortgagees, $5,020.58
claim of Jeannette M. NELSON
- M.W. FOUT & T.R. JARBOE, mortgagees, $3,956.86
claim of Fanny E.C. ADAMS
- M.W. FOUT & T.R. JARBOE, mortgagees, $2,417.36
claim of Eleanora M. COOPER
- Mrs. Emily JOHNSON, $807.47
part pymt of mortgage of $4,282

2nd Distribution of $4,084.73; court costs, $127.04
- Mrs. Emily JOHNSON, mortgage claim, $3,474.53
- balance to trustee, $483.16

Closed 29 Dec 1870.

CM-3, 125-139 - WILLSON, RHODES, ROHR, TYLER, KUNKEL

Anna T. WILLSON, et al vs Anna L.P. WILLSON, et al - Sep 1870

John J. WILLSON d/ Aug 1870, intestate
widow - Anna L.P. WILLSON

d/ Anna T. WILLSON
d/ Adelyn R. WILLSON
d/ Harriet M. WILLSON
d/ Mary E. WILLSON
s/ John Thomas WILLSON
d/ Eleanor T. WILLSON, a minor
s/ Tyler B. WILLSON, a minor
d/ Ninie P. WILLSON, a minor
s/ Bradley T. WILLSON, a minor

Land - 1/4 part of Lot #117, 30x196, fronting Second St, Frederick
city; from Basil NORRIS & w/ Jane in 1839 (HS-15, 227).
Previously to Norris by Jacob RHODES and Philip ROHR, execs/of
Jacob ROHR Sr. and his widow, Maria Catharine ROHR in 1831.
- Lot #79, 62x197, fronting Church St, Frederick city; from William
J. ROSS in 1848 (WBT-8, 275). Previously to Ross from B.S.
PIGMAN & w/ Harriet.

On 2 Sep 1870, George M. TYLER made oath the widow, Anna L.P.
WILLSON was about 50 and her general health was good.

Guardian was Adolphus FEARHAKE, Esquire. Those Testifying were
George M. TYLER and Jonathan T. WILLSON.

Agreement was made by the heirs for private sale to the widow,
their mother, of the Second St property at $3,000.

Trustee was Robert STOKES. Sale was held 12 Nov 1870 at the Dill
House in Frederick city; high bidder was:
- Philip B. KUNKEL for the Church St property at $5,000

Distribution of $8,000; court costs, $457.65
- Anna L.P. WILLSON, in lieu of dower, 1/8, $942.79
- each 1/9 share to the children, $733.28

Closed 13 Jan 1871.

CM-3, 139-146 - WAGNER, TRIMMER, SIX

William H. WAGNER, trustee of Abraham TRIMMER
- Petition - Aug 1870

Dr. William H. WAGNER was trustee by Deed of Trust for indebted
Abraham TRIMMER and w/ Emily E.

Land - "Resurvey on Welsh Cabin", 161 acre farm, 4 miles north of
Woodsborough and 1 1/2 miles SE of Double Pipe Creek, adjoining
lands of John L. WILLHIDE, John EYLER and Henry HINES, then in
possession of John YOUNG, tenant; to Abraham TRIMMER from Isaac
TRIMMER & wife (CM-1, 415) (another 20 acres was sold to Samuel
YOUNG). Improvements of a stone house with spring, Switzer barn,
and other buildings with 8-10 acres in timber.
- Lot of 4 acres & 2-story house, 1 mile SE of Double Pipe Creek
and a half mile from farm; to Abraham TRIMMER from John L.
WILLHIDE and wife in 1868 (CM-1, 413). Improvements of stable
blacksmith shop, smoke house and other buildings, an orchard
and a spring near the door.

Sale for all personal and real estate sold at public sale on
13 Aug 1870 on the premises and was subject to a $2,000 mortgage;
high bidders were:
- Isaac TRIMMER for the farm at $5,428.50
- David W. SIX for the Lot and House at $950
Personal property was also sold for $471.60; oats at $86.44
and wheat at $94.54.
Total sales, $7,031.08.

Distribution of $7,329.86; court costs, $584.46
- Wm. H. WAGNER, claim, $2,047.50
- Wm. H. WAGNER, claim, $517.08
- Wm. H. WAGNER, claim, $517.08
- Wm. H. WAGNER, claim, $62.03
- Wm. H. WAGNER, claim, $9.75
- Isaac TRIMMER, claim, $986
- Isaac TRIMMER, claim, $873
- Balance to Isaac TRIMMER, assignee
of Abraham TRIMMER, $1,732.96

Closed 31 Oct 1870.

CM-3, 147-179 - WELTY, SHOCKEY, FOX, MOTTER, MORRISON, BIGGS, TROXELL

Hezekiah FOX vs Jacob SHOCKEY, et al - Nov 1868

Caspar WELTY conveyed land to:

d/ Elizabeth WELTY, later married Jacob SHOCKEY
d/ Mary WELTY
s/ William WELTY
d/ Sarah WELTY
d/ Catharine WELTY
d/ Susan WELTY
s/ John Jeremiah WELTY
s/ Elias WELTY

William WELTY and Elias WELTY were then living on the premises.

Land - 223 acres in Emmittsburg District at the mouth of Toms Creek;
adjoins tract "Resurvey on Benjamin's Good Luck"; to Elizabeth WELTY,
Mary A. WELTY, William WELTY, Sarah WELTY, Catharine WELTY,
Susannah WELTY, John Jeremiah WELTY and Elias WELTY from
Caspar WELTY in 1828 (JS-29, 419).
Adjoined land of George DEVILBISS, David MORRISON, Elijah CLOSE,
and Elias VALENTINE. Improvements were three log houses, 1 1/2
stories high, and two log stables.

Elizabeth (Welty) SHOCKEY devised, in her Will, her share to
sisters, Sarah, Catharine and Susan WELTY, during their joint
lives and paying to Jacob SHOCKEY an annual sum of $18 during
his life. After the death of her sisters, to her brother William WELTY
during his lifetime with same annual payment to her husband.
Upon William WELTY's death, to the heirs of her brother, Elias WELTY.

Elias WELTY's minor children

s/ William Henry WELTY
s/ James Elias WELTY
s/ Jacob Washington WELTY
s/ Charles Franklin WELTY
s/ Joseph G.G. WELTY
s/ Samuel R. WELTY
d/ Francanna Elizabeth WELTY
d/ Ann Maria WELTY
d/ Martha Sophia WELTY

Equity Case dated 22 Jan 1861 of Joshua MOTTER and Lewis M.
MOTTER vs the WELTYs (except Elizabeth), Grayson EICHELBERGER
as trustee, sold land to David MORRISON at $2,173; however,
Equity Case on 2 Nov 1868 ruled the conveyance to Hezekiah FOX.
Exceptions were land previously sold to William BIGGS for 12
acres,(HS-22, 303) and Joseph TROXELL for 4 acres,(HS-21, 502),
leaving 206 acres.

This provided Hezekiah FOX with 7/8 of the undivided shares in
the estate, Elizabeth (WELTY) SHOCKEY still holding the remaining
1/8 undivided share. Elizabeth died in 8 May 1867, without issue,
leaving only her husband, Jacob SHOCKEY.

Guardian for Elias' minor children was Walker Y. PAGE.
Testifying was Jacob SCHOCKEY, Joshua MOTTER, Sarah DEVILBISS,
George C. DEVILBISS, William A. VALENTINE and Dr Andrew ANNAN.

Trustee was Joshua BIGGS. Sale was held 19 Feb 1870 at the
Western Hotel in Emmittsburg; high bidder was:
- Hezekiah FOX at $2,709.39 ($13.15/acre).

Mary WELTY and Elizabeth WELTY objected to the sale, claiming
it sold for less than half its value and that legal bidders
were prevented from bidding.
Testifying as to the value of the property were: Joshua BIGGS, Joshua
MOTTER, Dr Andrew ANNAN, John CLOSE, Nicholas STANSBURY,
William COONS, Hezekiah DOTTERAR, Dr. James MILLER, Albridge
CRISE, John HOBBS, James SWEENY and Harrison HARDMAN.
Court ruled the sale to stand.

Distribution of $2,709.39; court costs, $403.18
- Hezekiah FOX, 7/8, $2,017.93
- Jacob SHOCKEY, due on yearly payments, $288.27

Closed 9 Feb 1871.

CM-3, 179-227 - JONES, POOLE, SWOPE, DALL, ETZLER, COLLINS, BAKER, RODERICK,
MAYNARD, GAITHER, SWEADNER, SIMPSON, COLLEBERRY, DORSEY, COOKE

Joseph W. ETZLER vs Albert JONES, admin/of Francis S. JONES & Others
- Sale of Real Estate - Dec 1869

Francis S. JONES d/ 23 Jul 1869 in Sulfer Springs, VA, intestate
widow - Ellen D.

s/ Frank B. JONES (compos mantis) (in St Agnes Hospital, Baltimore City
s/ Albert JONES & w/ Margaret Ann POOLE
s/ John Dorsey JONES
s/ William Downey JONES, a minor (age 18)
s/ Edward JONES, a minor - Carroll Co, MD (age 15)
s/ Charles JONES, a minor (age 11)

Admin/ Albert JONES who was also trustee for his brother, Frank B. JONES.

Land - "Carmacks Farewell", 7+ acres; on west side of Libertytown-New Market
road; and small rocky knoll, north of Liberty Town, SE of St Peter's Catholic
Church, part of "Dukes Wood", 1 acre (part of 9 acres to Joseph DODSON from
John YOUNG in 1779); from James M. COLE in 1854.

- Three Lots in Liberty Town on the south back street (fronts on south
side of st), 50 x 300'; lies between lots of Abraham JONES (previously
Henry SWEADNER); from Abdiel UNKEFER & w/ Lydia in 1852.

- "Colloden", 17 acres, in Mount Pleasant; from John Peter JONES &
w/ Rachel C. in 1859.

- Lot on parts "Resurvey on Spring Garden", "Blacksmith's Mile", "Partner's Alley",
and "Dukes Wood"; "Piney Hill", 78 acres, on Liberty-New Market road, adjoining
land of Henry Baker and the Mill Road; Second Lot is on "Piney Hill", 10 acres;
both from Sarah S. ATLEE of Carroll County in 1859.

- 20 acres, north of Liberty Town, adjoining lands of Henry BAKER, Elishu H.
ROCKWELL and Heirs of Richard COALE; and Lots on South St in Liberty Town;
in Will of Abraham JONES ("son Francis, House & Lot and store house, smith
shop on Main St in Liberty Town, where he formerly resided, provided he pay
to "my" daughter (Francis' sister), Matilda SWOPE, the annual sum of $60
during her life.")

Portions sold to:
- Mrs. Ann COLLINS for Lot 264 in "Addition to Liberty Town",
50x300', at $150 in 1869.
- Henry BAKER for "Dukes Woods" and "Howards Paradise", by Baker's
Tanyard at $1 in 1859.
- Henry BAKER for "Stony Point", "Dukes Woods" and "Howards Paradise",
30 acres, at $4,748 in 1869. Adjoins land of Joseph DODSON.
- Henry BAKER, Nicholas METCALFE, Edward ALBUAGH, Jonas KREGLE and
J.S.L. RODERICK for 2-acre cemetery at SW corner of Liberty Town,
on parts of "Dukes Woods" and "Resurvey on Spring Garden", begins
at SW corner of Lot #189; at $600 in 1869.
- Joseph ETZLER for Lots #262, 263 & 265 which was previously paid.
However, Francis S. JONES died before conveying them.

Guardian was Walker Y. PAGE, Esquire. Testimony was heard from
Rhoderick HOBBS and John E. UNKEFER, who both gave death date
and claimed decedent died in Sulfur Springs, VA.
Also testifying was Albert JONES and D. Clinton JOHNSON (gave ages
of minor children and claimed all the property sold free of dower
would bring $16,000; everything is together, being built as father
and son setup). Debts total $39,353.73.

An inquisition in Oct 1869 determined Francis B. JONES was of unsound
mind, a condition since birth. The children's ages were listed as:
- Albert, 27; John D., 24; William D., 18; Edward, 16; Charles, 11.

The widow claimed she was 40 years old when her husband died; however,
on 25 Apr 1870, Mrs. M.O. DALL made oath the widow was 45 years old
when her husband died and was in good health.

Trustee was Albert JONES. Sale was held on the premises at their
store house on 28 May 1876 and was sold in lots; high bidders were:

- Henry C. GAITHER for store house and dwelling on Main St in Liberty
Town at $3,500. Lot was 78x300' to North St; consisted of 23x44'
store room with wareroom in rear, shoe and hat room on side with
fine wine cellar. House had 3 large rooms and hall on first floor
with kitchen, pantry and porch in rear, also 3 rooms and hall on
the second floor, with cellar underneath the house. Buildings are
log and weatherboard. Also has a dairy with cement trough, meat
house, ice house, poultry house, wood shed, cistern and well with
iron pump. In addition, there was a horse, cow, stabling, carriage,
wagon and saddle houses, hog houses, corn cribs and a variety of
choice fruit trees and grapevines.

- Henry SWOPE for Brick House & Lot on Main St in Liberty Town
at $2,700; sold free of yearly annuity to Mrs. Matilda SWOPE.
Property adjoins the previous one and is 75x300' with a 2-story brick
house with attic, containing 2 rooms and hall on first floor and 2-story
back building with double porches attached containing 2 rooms, hall
and pantry on the 1st floor and 2 rooms on the 2nd floor; attached is
a large stone kitchen, bake oven, ash house and underneath the main
building are 2 large and well ventilated cellars with cement salting and
soap troughs. Also has variety of choice fruit trees, grape arbor 90' in
length and a beautiful flower garden.

- John Dorsey JONES for the farm in Liberty of 108 acres at $42/acre;
has log house, bank barn, wagon shed, corn crib, stone spring house,
meat house, new grain barrack and hay barrack, an excellent orchard
and two fine springs near the door. There is also a tenant house on
the farm and has 9 fields with a stream running through the farm.

- Thomas G. MAYNARD for 5 unimproved lots, 50x300', in Liberty Town on
West side of South Walnut St at $145 each.

- Henry BAKER for Lot on East end of South Walnut St in Liberty Town
of 1+ acre at $345; has frame & weatherboarded school house; 3/4
of lot is in timber.

- Unimproved Lot on South St in Liberty Town of 6+ acres (half is in timber)
- Job H. SWEADNER for 1 acre at $212.50
- Dr. Thomas W. SIMPSON for 2 acres at $200/acre
- George GAITHER for 1 acre at $150
- George GAITHER for 1 acre at $50
- George GAITHER for 1 acre at $50

- John A. COLLEBERRY for the 10-acre wood lot in "Piney Hill" in Liberty
District, 1/2 mile from Liberty on the New Market Road, adjoining
lands of Daniel ROOT and Edward ALBAUGH, at $12/acre.

- John Dorsey JONES for 17-acre wood lot in Mount Pleasant at $37.75/acre;
adjoins land of J.P. JONES and Dr. STONE; 11 acres set in chesnut timber.

- Excepted from sale was the crop of wheat and rye on the farm and ice
(from the Ice House on Lot #1 sold to Henry GAITHER).

- Thomas C. MAYNARD for right-of-way to alley in rear of lots fronting
South Walnut St and behind the 5 unimproved lots at $80.

Distribution of $13,590.49; court costs, #124.70
- Albert JONES, trustee for annuity of
Mrs. Matilda SWOPE, $1,076
- Mrs. Ellen B. JONES, in lieu of dower, 1/8, $1,461.22
- Albert JONES, assignee of Joseph LOWE claim, $344.19
- Joseph W. ETZLER, claims, $329.44, $450.27
- multiple creditors, including Pipe Creek Benevolent Society
leaving balance for heirs, $1,954.88

Petition filed by Rachel DOWNEY and Israel COOKE & Sons
claiming their claims were not paid.

2nd Distribution of $1,954.88; court costs, $10.75
- Rachel DORSEY, claim, $338.77
- Israel COOKE, claim, $20.52
now leaving the balance for heirs, $1,584.84
- Albert JONES, 1/5, $316.96
- John Dorsey JONES, 1/5, $316.96
- William Downey JONES, 1/5, $316.96
- Edward JONES, 1/5, $316.96
- Charles JONES, 1/5, $316.96
Closed 7 Mar 1871.

CM-3, 227-235 - WATERS, LORENTZ, DOLL, SIMMONS, CRUMBAUGH

Henry LORENTZ, mortgagee of James K. WATERS & w/ Anna M. WATERS
- Foreclosure - May 1870

LAND - "Mountain Tract", Lot #2, 13+ acres, from Charles W. GOLDSBOROUGH;
and "Oceola", 46+ acres, from Lewis P. RAMSBURG & wife in 1867 which included
a new cottage, house and a new Switzer barn. Property adjoins Frederick to
Emmittsburg turnpike, between Lewistown and Catoctin Furnace.

Foreclosure sale was held at the Dill House in Frederick Town on
21 May 1870; high bidders were:
- George J. DOLL for Lot #2 at $13/acre
- Simon C. SIMMONS for the 46 acres at $2,700
Total sales, $2,878.63.

Disbursement: court costs, $260.76
- Henry LORENTZ, mortgagee, $2,128.99
- Balance subject to order of the court, $488.88

Final Disbursement of $488.88: court costs, $25.90
S. C. SIMMONS, mortgage w/ interest, $405.21
- George F.B. CRUMBAuGH, assignee of Henry LORENTZ
(in part payment of $192.33), $57.77

Closed 29 Oct 1870.

CM-3, 235-243 - GEISELMAN, RUBY, WAGNER

William H. WAGNER & George K. GEISELMAN, Trustees of
Jesse GEISELMAN - Jul 1870

The above trustees were conveyed all the rights to the property of
Jesse GEISELMAN & w/ Elizabeth in Trust to pay their creditors.

Land - Limestone farm, 208 acres, 11 miles north of Frederick city
and 1/2 mile NE of Woodsboro and 1/2 mile from Frederick-Pennsylvania
Line Rail Road, adjoining lands of Michael SHANK and John LANDERS;
from Adam DIEHL & wife in 1857 (ES-9, 402).
Improvements were 2-story farm house, 2-story tenant house, two large
barns, one with water in the feeding room. Also has a spring near the
buildings and also a cistern, good fencing on fields with water and an
excellent orchard of choice fruit.

Property was sold 28 Jun 1870 at public sale; high bidder was:
- Samuel RUBY at $105.75/acre, per agreement to reserve $5,600
with interest to pay mortgage to Richard H. MARSHALL and also
reserve $5,604 with interest to pay mortgage to Eleanor M.
POTTS. To date, he has paid $6,000.

Distribution of $6,000; court costs, $467.42
- Multiple creditors, $4,797.65
- Balance to Trustee for any further creditors, $734.93

Filed 14 Oct 1870.

CM-3, 243-250 - ALBAUGH, STONER, HUMMER

Abraham STONER, Mortgagee of John W. ALBAUGH & w/ Susan ALBAUGH
- Foreclosure - Jan 1871

Land -"Resurvey on Peace", 23 acres; to John W. ALBAUGH from John W.
STAUB (or STAUP) & w/ Eve in 1850; (previously from John HUMMER to John
HUMMER Jr. in 1813). Located 1 mile south of Bigg's Depot on the Western
Maryland Rail Road and adjoins David KROUS' "Black Walnut Bottom" and
crosses the Monacacy River to land of John WACHTER. Included a 2-story
log house, barn, never-failing spring near the house and orchard of 130
trees of choice fruit.

Foreclosure Sale was held 14 Jan 1871 on the premises; high bidder
was Abraham STONER at $688.75. After closing costs, Abraham STONER
received $562.07 as part payment of the $1,495.55 mortgage due him.
Closed 1 Apr 1971.

CM-3, 250-272 - FLOOK, CRONE, KEMP, ROUTZAHN

William S. FLOOK and Louis M.T. FLOOK vs Elizabeth S. FLOOK & Others
- Sale of Real Estate - Jun 1870

Daniel B. FLOOK d/ 4 or 6 May 1870, intestate
widow - Elizabeth Susan FLOOK

s/ William Snively FLOOK
s/ Louis M.T. FLOOK
s/ John P. FLOOK, a minor
s/ Millard F. FLOOK, a minor
d/ Fanny Elizabeth FLOOK, a minor

Land - "Blooming Month of May", 107+ acres; to Daniel B. FLOOK
from Jacob C. FLOOK, admin/of Jacob FLOOK of John in 1854 (Daniel
was the s/o Jacob FLOOK who died intestate). Land runs along the
creek, turning the Flook mill, which is now the mill of J.W. EMANDS,
also borders lands of Eli ROUTZAHN and Jacob AHALT and Middletown
to Burkittsville road and also road to the Blue Ridge Mountain and
Isaac MICHAEL's land.

- "Blooming Month of May", 115+ acres; to Daniel B. FLOOK from
Barbara FLOOK, wid/o Jacob FLOOK of John in 1853. Land is where
Daniel was then living, adjoininglands of George RHINEHART (but
now John W. EDWARDS), Eli ROUTZAHN, Daniel BEACHLEY, Mathias
AHALT, Isaac MICHAEL and Mary Ann BOWLUS. This released the
widow's dower from said property.

- "Resurvey on Whiskey Alley", "The Forrest" and "Joined Together",
13 acres; from Michael ZIMMERMAN, Sheriff, in Equity Case of
Randolph SHAFER and Robert SHAFER Jr and Peter SHAFER
vs Jacob C. FLOOK in 1863.
(previously from Heirs of Michael BECKENBAUGH to John BECKENBAUGH
and from him to Jacob C. FLOOK in 1856; ES10, 104).
Adjoined lands of James KINNA, Jacob DEAN and John BECKENBAUGH
and Middletown to Burkittsville road by James KINNA's Mills.

- "Resurvey on Watson's Welfare", 48 acres; to Jacob C. FLOOK from Daniel
SMELTZER and Jacob R. SMELTZER, execs/of Henry SMELTZER in 1854
(ES-4, 430).
Runs along ease bank of Catoctin Creek to large rock under the bridge over
the creek on the east side of creek and to road.
Susan R. FLOOK, w/o Jacob C. FLOOK of Clarke Co, Ohio, also sold her dower
rights in said land in 1863.

- "Ebenezer", 76 acres, and part of "Blooming Month of May", and
"Resurvey on Locust Valley", 9 acres (previously from Abraham SNYDER in 1819);
from John H. FLOOK, trustee in Estate of Jacob FLOOK (of John) in 1863.

- 1 acre; from Tilghman F. GAVER & w/ Lydia M. in 1869. Previously from Enos
BISER and w/ Ann Maria in 1863. Rusn to east side of Daniel MAIN's mill dam.

- 11 acres; from Philip FLOOK (decedent died before conveyance).

Guardian was Herman C. KOCHLER.
Testimony was heard from:
- Philip FLOOK who testified to the 11 acres purchased by Daniel,
but died before the land was conveyed.
- John Hanson FLOOK, brother to Daniel, claimed Daniel died 6 May 1870.

Trustee was Louis M.T. FLOOK.
SALE was held on 28 Jan 1871 in front of "The Register" building in Middletown;
high bidders were:
- Elizabeth S. FLOOK for the home farm at $65/acre;
located 2 miles SW of Middletown on road to Burkittsville and near
PHLEEGER's Mill, adjoing lands of Lewis AHALT and Eli ROUTZAHN.
- John E. CRONE for small 49 1/2 acre farm at $71.10/acre;
1/2 mile south of Middletown on road to Burkittsville, adjoining lands
of Mrs APPLEMAN and H.T. RUDY.
- William H.C. KEMP for 13 3/4 acre Lot at $70/acre;
a mile south of Middletown, ajoining lands of Wm. H.E. KEMP and Hezekiah
DEAN.
- Elizabeth S. FLOOK for 9 1/2 acre mountain lot on South Mountain at $6/acre;
3 1/2 miles from Middletown, adjoining lands of H.T. RUDY and Isaac YOUNG.
- Eli ROUTZAHN for 26 acres of mountain land at $7.70/acre (sold later at
private sale). On South Mountain, 4 miles from Middletown, adjoining
lands of Joseph L. HUFFER and Jacob SIGLER and is well set in Rock Oak
and Chestnut.
Total sales, $12,473.95.

Distribution: court costs, $601.36
- Elizabeth S. FLOOK, in lieu of dower, 1/8, $1,484.07
- each child's 1/5 share, $2,077.70
Closed 8 Apr 1871.

CM-3, 272-278 - WOOD, POOLE, CLINE

George CLINE, assignee of Margaret R. POOLE, mortgagee
of Joel WOOD & w/ Nancy
- Report of Sales - Nov 1870

Joel WOOD & w/ Nancy made mortgage to Margaret R. POOLE,
who assigned the mortgage to George CLINE in 1856.

Land - "Robert's Delight", 11+ acres; adjoining lands of D. POOL
and George W. POOL.

SALE on 5 Nov 1870; high bidder was:
- George CLINE at $400.

The court issued an order of Joel WOOD to surrender the property
to George CLINE.

Filed 15 Mar 1871.

CM-3, 279-286 - WOLFE, WORTHINGTON, HALLER

Thomas WORTHINGTON, mortgagee of Levi J. WOLFE
- Foreclosure - Feb 1871

Levi J. WOLFE & w/ Anna C. became mortgaged to Thomas
WORTHINGTON (w/ Jane H.)

Land - "Sickly Season" (or "Lucky Season") and "Wet Time", 103 acres;
5 miles east of Frederick in New Market area (District 9), adjoining
land of Burgess HAMMOND and John BAKER. Included 2-story brick
house and brick back building, log barn, shedding, spring in yard,
running water in every field except one with 25-30 acres in Chestnut,
Oak and Hickory.
- 17 acres (noted in partition among heirs of Michael BASH
[JS-31, 99 or 199]
- Lot #3, 50 acres; from Henry M. BASH to Ormand HAMMOND [HS-19, 563].

Foreclosure sale was held 11 Feb 1871 on the premises;
high bidder was:
- Jacob HALLER for 170 acres at $6,600 with crop to Levi J. WOLFE

Distribution: court costs, $383.60
- Thomas WORTHINGTON, part payment of mortgage, $6,216.40

Filed 17 Apr 1871.

CM-3, 286-292 - FAGAN, MAUGHT, RITCHIE, RITTER

Frederick County Building Assoc vs Thomas FAGAN & w/ Catharine E.
- Foreclosure - Feb 1870

President of FCBA was J. Alfred RITTER and represented by
John RITCHIE, Esquire.

Land - Lot on north side of West Patrick St in Frederick, 30 x 262';
from John A. LYNCH, trustee in Equity Case in 1864 (JWLC-1, 627).
Included was a 2-story brick house with brick back building attached;
contained 9 rooms; smoke house, bake overn and a hydrant in the yard.
Also had a garden with apple, pear and peach trees.

Foreclosure sale was held at the City Hotel in Frederick city on
29 Jan 1870; high bidder was:
- Samuel MAUGHT at $1,910

Distribution: court costs, $185.85
- numerous mortages and claims which left
- Thomas FAGAN, balance of $455.46
Closed 7 Apr 1870.

CM-3, 293-307 - ALBAUGH, POOLE, STONER, BARRICK, WHITE

George W. POOLE vs John W. ALBAUGH & Others
- Foreclosure - Apr 1869

John W. ALBAUGH and w/ Susanna ALBAUGH were indebted to Abraham
STONER and, to obtain funds, mortgaged their property to George W. POOLE
of Washington Co, MD.

LAND - "Choice and Peace", 130 acres; adjoining the Monocacy river and lands
of John W. STAUB and Jacob CRISE. Located 1 mile south of Biggs' Depot,
near the Western Maryland Rail Road; adjoins lands of Mrs LONG and George
W. BARRICK. Improvements were log house with large Switzer barn, orchard
and three springs convenient to the house with 10 wooded acres.

- "Choice", "Krise's Establishment" and "Resurvey on Peace", 150 acres;
along the Monocacy River and by David KOONS' land and tract "Resurvey
on Black Walnut Bottom" and on the 'Ridge'.

Also sold to George W. POOLE all the stock, crops, farm and household goods.

Randolph BARRICK was agent for John W. ALBAUGH through which he made
payments.

Also indebted to Frederick WHITE, Joel MYERS and Jacob HARP.

Trustee was Frederick WHITE.
SALE was held 16 Jul 1870 on the premises, having received no sufficient bids,
again on 14 Jan 1871, high bidder was:
- Abraham STONER for the 130 acres at $1,950

Distribution: court costs, $188.20
- George W. POLE, mortgage, $1,254.86
- Abraham STONER, part payment of mortgage, $506.94

Closed 1 Apr 1871.

CM-3, 307-323 - REMSBURG, COBLENTZ, AHALT, BRANDENBURG, BEACHLY, CAMPBELL, FRAZER, RUPLY

John H. REMSBURG, et al vs Ninian H. REMSBURG, et al - Jul 1870

Elizabeth REMSBURG d/ 30 (or 13th) Dec 1869, intestate

sis/ Sarah (REMSBURG) w/o John COBLENTZ of P.

bro/ Henry REMSBURG, dec'd
.....William P. REMSBURG & w/ Eliza - Washington Co, MD
.....Ninian H. REMSBURG & w/ Sophia - Out of State
.....Charles T. REMSBURG
.....Adeline V. REMSBURG w/o John W. REMSBURG
.....Lydia A. (REMSBURG) w/o Daniel BRANDENBURG
.....Georgiana L. REMSBURG
.....Catharine A. REMSBURG

bro/ John REMSBURG, dec'd
.....Lewis H. REMSBURG & w/ Ann Rebecca - Out of State
.....Stephen C. REMSBURG & w/ Sarah Rebecca - Out of State
.....John H. REMSBURG & w/ Mary E.
.....Ann R. E. (REMSBURG) w/o Martin H. BEACHLY
.....Joshua P. REMSBURG & w/ Louisa A. C.
.....George J. (or T.) REMSBURG & w/ Susan E.
.....Henry C. REMSBURG & w/ Mahala M.
.....Mahlon R. REMSBURG & w/ Margaret Ann Cecelia

sis/ Mary (REMSBURG) AHALT, dec'd
.....Isaac AHALT & wife - Out of State
.....Rufus F. AHALT & w/ Louisa - Out of State
.....Malinda (AHALT) w/o Joseph CAMPBELL - Out of State
.....Eve M. (AHALT) w/o Lemuel FRAZER - Out of State
.....Loretta C. AHALT - Out of State
.....Hiram AHALT (unknown if dead or alive) - Out of State

Land - "Smithfield", 2 1/4 acre, in Middletown; to Elizabeth REMSBURG
from her father, John REMSBURG, in 1840. Adjoins lot of Jacob SPOHN
and at alley on south side of Lutheran and German Reformed parsonages,
to "Keller's Addition to Middletown", lot of Christopher IFERT and to
west side of road to Middletown.

Testifying was John H. REMSBURG and E.F. COBLENTZ.
Trustees were John H. REMSBURG and Edward T. COBLENTZ.

SALE was held 25 Feb 1841 in front of the Register Building in Middletown;
high bidder was:
- Rev. F. A. RUPLY at $454.50; however a subsequent survey indicated
only 2 acres, so sales became $404.
At that time, adjoining neighbors were A. SPARROW and Adam LORENTZ.

Distribution of $404; court costs, $131.54
- Sarah COBLENTZ, 1/4, $68.11
- Henry REMSBURG's children, $9.73 each
- John REMSBURG's children, $8.51 each
- Mary AHALT's children, $11.35 each

Closed 17 Apr 1871.

CM-3, 323-348 - FORREST, DUSING, COCHRAN, DUBLE, MILLER, SNOOK, WOLFE,
HURLEY, SWOPE, HAYS, SENSENBAUGH, HARLEY, HATHERLEY

Samuel W. FORREST & Others vs Celeste Ann FORREST and David FORREST
- Sale of Real Estate - Dec 1869

Solomon FORREST d/ 3 Feb 1869
(wife was Elizabeth WOLFE), had 9 children

s/ Samuel W. FORREST & w/ Susan DUSING
s/ Westley FORREST & w/ Margaret COCHRAN
d/ Maria FORREST, died 1869, since her father
d/ Susan FORREST
s/ Daniel W. FORREST & w/ Amanda C. DUBLE/DUPLE
s/ Mahlon FORREST & w/ Elizabeth MILLER - Illinois
s/ Hanson FORREST & w/ (Nancy?) SNOOK - Clark Co, Ohio

s/ John Q. FORREST, dec'd
.....Celesta Ann FORREST, a minor

s/ David FORREST, dec'd
.....David FORREST, a minor

Exec/ Wilson L. HAYS (refused to act)
Witnesses: George U.W. HURLEY, Denton KUHN, John BAKER of P.
[Will written 27 Nov 1862]

LAND - "Fox Chase", "Basket Ridge", "Murdock's Inheritance", "Racoon Walk",
"Stony Bottom", "The Range About the Three Miserable Knobs", 321 acres.
Contained in deeds below:

David WOLFE, dec'd (Extract of Will) to daughter,
Elizabeth w/o Solomon FORREST
(Devised 70 acres of "The Range Around the Miserable Knobs" on each side
of road, above Andrew DRAPER's house, adjoining lands of William DRAPER,
Andrew DRAPER, Daniel BLICKENSTAFF and Daniel STOTTLEMYER.
Also 5 acre field of "Racoon Walk" on south side and adjoining land of
Jeremiah FORREST.)

LAND to Solomon FORREST:
- "Stoney Bottom", 112 acres, and "The Range About the Miserable Nobbs",
89 acres, at $152. (Title wasn't transferred)
From William M. BEALL Jr. Sheriff in connection with judgment by John RITCHIE,
exec/of BEATTY against David WOLFE in 1822.

- "Basket Ridge", 8 acres.
From Jonathan DELAWTER (w/ Elizabeth) at $41 in 1831.
Previously from Thomas CARLTON, Sheriff.

- "Murdock's Inheritance", 19 acres & 28 acres; adjoining "Stoney Bottom"
and "Racoon Walk".
From Jeremiah FORREST & w/ Vashti at $50 in 1838

- "Foxes' Chase", 40 acres, next to land of Samuel WOLFE.
From Peter MONG & w/ Susanna of Washington County at $550 in 1852.
Sold to Daniel W. FORREST from Solomon FORREST in 1862 for
- "Fox Chase", 22 acres for $150.

- "Range About the Three Miserable Knobs", 77 acres; adjoining tract
"Pleasant Level" and "All Meadows".
From John BUSSARD & w/ Susanna of Washington County at $250 in 1867.

- "Range About the Three Miserable Knobs", 77 acres.
From Nathan O. NEIGHBOURS, Sheriff, by case of Jacob YOUNG of D.
vs Andrew DRAPER at $275 in 1868.

Guardian was Arthur POTTS, Esquire. Testimony was heard from
Jeremiah FORREST and Jacob SWOPE.

Trustee was Daniel W. FORREST.
SALE was held 31 Dec 1870 in Catoctin District at the home place of Solomon
FORREST (land was surveyed and divided into sections):
- Susan E. FORREST for the home place of 52 acres at $35.31/acre
Located on road from Wolfsville to Wolf's Tavern, 2 1/2 miles from Wolfsville.
Improvements of house, barn, wagon shed, corn crib, blacksmith shop, fine
orchard and good spring near the buildings.
- Nancy WOLFE for Lot #2, 16 acres with house at $15.31/acre
- Wesley W. FORREST for Lot #3, 48 acres with house at $12.55/acre
- Wesley W. FORREST for Lot #4, 43 acres at $12.30/acre
- George W.H. HURLEY for Lot #5, 13+ acres at $12.00/acre
- George W.H. HURLEY for Lot #6, 24 acres at $30.25/acre
- Amanda C. FORREST for Lot #7, 7+ acres at $21/acre
- Amanda C. FORREST for Lot #8, 5+ acres at $20.25/acre
- Amanda C. FORREST for Lot #9, 10+ acres at $13/acre
- Jacob D. WOLF for Lot #10, 7+ acres at $17.10/acre
- Samuel W. FORREST for Lot #11, 15 acres at $19.50/acre
- Jacob W. SWOPE for Lot #12, 16+ acres at $20.80/acre
- Henry C. HAYS & John E. HARLEY for Lot #13, 4+ acres at $33/acre
- James C. SENSENBAUGH for Lot #14 & 15, 32+ acres at $19.50/acre
Has house, stable and spring house; set in timber.
- Valentine HATHERLY for Lot #16, 19+ acres at $9.80/acre
Total sales, $6,118.26.

1st Distribution of $1,995.90; court costs, $358.80
- Samuel W. FORREST, 1/7 + 1/8 of 1/7, $263.10
- Westley FORREST, 1/7 + 1/8 of 1/7, $263.10
- Susan FORREST, 1/7 + 1/8 of 1/7, $263.10
- Daniel W. FORREST, 1/7 + 1/8 of 1/7, $263.10
- Mahlon FORREST, 1/7 + 1/8 of 1/7, $263.10
- Hanson FORREST, 1/7 + 1/8 of 1/7, $263.10
- Celeste Ann FORREST, 1/8 of 1/7, $29.23
- David FORREST, 1/8 of 1/7, $29.23

Filed 11 May 1871.

CM-3, 349-365 - HEIM, BROWN, LAMBERT, SIMMONS

Andrew HEIM vs Jacob B. HEIM & Others - Nov 1868

Lewis A. HEIM d/ Mar 1867, intestate
widow - Euphronia, now w/o Henry BROWN

s/ John Lewis HEIM, a minor
s/ Maurice Augustus HEIM, a minor

also an infant, born after the death of the father,
but died at the age of 3-4 weeks

LAND - Lot in West end of Frederick city on the Baltimore & Frederick
turnpike to Hagerstown; adjoining lots of Henry DAILEY,
John ZIMMERMAN of J. and John SIFFORD; from Harriet LAMBERT,
John G. LAMBERT & w/ Mary A.R., John A. LAMBERT and Mary E.
BARTGIS in 1864 (previously to John LAMBERT). Located on south
side and extreme end of Patrick Street in Battletown.
Improved with a 1-story log house, built by L.A. HEIM.

- Lot in Ward 4, Square 50, on north side of West Patrick St in Frederick;
adjoined lot of John BURUCKER.
Improvements were 3-story brick house with back building, comparatively new;
then occupied by Robert G. McPHERSON, Esquire.
From John A. SIMMONS & w/ Rosanna C. in 1866.
Previously from Otho REEL & w/ Catharine M. in 1857.

Admin/ Jacob B. HEIM of Baltimore city with sureties as Valentine S.
BRUNNER and Andrew HEIM. Guardian was Adolphus FEARBEAKE Jr.

Testifying was Jacob B. HEIM of Baltimore city who stated Lewis A.
HEIM was in the grocery business with Andrew HEIM, t/a A HEIM & Son,
near Bentztown bridge in Frederick. Lewis purchased Andrew's interest
in business in May 1866. The books of the business were destroyed by
the flood on 24 July 1868.

Trustees were Grayson EICHELBERGER and John RITCHIE.
SALE was held /1 Jan 1870 at the City Hotel in Frederick, but failed
to obtain a sufficient bid. Second sale on 12 March 1870;
high bidder was:
- Mrs. B. M. RYAN for lot in Ward 4 at $2,130.

Grayson EICHELBERGER died about 17 Feb 1870.

Distribution of $2,130; court costs, $276.70
- Euphrosina BROWN, widow, in lieu of dower, 1/7, $250.47
- A. HEIM, for claims, $1,502.82

Closed 5 Jul 1870.

CM-3, 365-373 - NEISMYER, GROSS, COBLENTZ, FOX

Daniel BECHTOL & Lawson H. MAIN - Sep 1870

Mortgagees of Charles L. NEISMYER (w/ Ann Catharine);
she died the spring of 1869 and Charles married Ann Maria
Catharine GROSS on 22 July 1869. Charles died 21 August 1870.

Land - House & Lot #22 on Main St in Middletown;
from Ernst A.C. FOX & w/ Margaret C. in 1864.
Adjoined lots of Dr. William E. BOTELER and Mrs. John CRONE.
Lot measured 32 x 330'. At sale, neighbors were Samuel RAMSBURG
and Christian BOLLINGER; previously from Peter SCHLOSSER &
w/ Christiann in 1854 (ES-3, 567)
House was log and weatherboard, 1 1/2 stories high with a
basement and attached back building and summer kitchen recently
erected in the yard; stable, corn house and fruit trees.

Report of Sales from 22 Oct 1870; high bidder was:
- Daniel R. COBLENTZ at $915

On 1 Dec 1870, John PARDNER made oath the widow, Anna Maria
Catharine NIESMYER, was then 36 years old and in good health.

Distribution of $915; court costs, $140.01
- Daniel BECHTOL & Lawson H. MAIN, mortgage, $406.33
- Anna Maria Catharine NIESMYER, in liew of dower, 1/7, $52.66
- Jonathan BISER, 2nd mortgage, $161.89
- C.V.S. LEVY, atty for Andrew WEINER, in part for
judgement, $154.10
Closed 18 Feb 1871.

CM-3, 373-392 - JONES, POOLE, DOWNEY, SWOPE, STARR

Albert JONES & wife and John Dorsey JONES vs Frank B. JONES & Others
- Sale of Real Estate - Dec 1869

Harriet JONES d/ 1863 intestate, in Philadelphia
w/o Francis S. JONES d/ 23 Jul 1869 in White Sulphur Springs, VA

s/ Frank B. JONES (non compos mentes) d/ 12 May 1870
s/ Albert JONES, 27, & w/ Margaret Ann POOLE
s/ John Dorsey JONES, 24
s/ William Downey JONES, 18, a minor
s/ Edward JONES, 16, a minor
s/ Charles JONES, 11, a minor

Land - "Resurvey on Drummine" and "Hunting Lot", 205 acres;
from Cordelia H. DOWNEY to Harriett JONES in 1869.
On road from New Market to Liberty Town

Sold to Henry SWOPE - 7 1/2 acres of "Resurvey on Drummine" in 1859.

In Oct 1869, there was a Lunancy hearing on Frank B. JONES, which
provided the ages of his brothers.
He was later placed in the care of St. Agnes Hospital, Baltimore City,
his trustee was Albert JONES.

Guardian for the minor children was Charles H. BAUGHER, Esquire.
Guardian for Frank B. was Herman C. KOCHLER.
Testimony was heard from Maurice T. STARR who testified to the
dates and places of death of Harriett and Francis.
Also testifying was Rhoderick HOBBS.

Trustee was Albert JONES, but, after a failed public sale, petitioned
for a replacement, as he wanted to bid on his mother's property.
New trustee was William DOWNEY. Private sale was made to
- Albert JONES for the remaining 197 acres at $10,392.37.

J. Dorsey JONES sold his share to Albert JONES for $1,884.84.

Albert JONES also petitioned for expenses incurred during the
care of Frank B. JONES.

Distribution of $10,392.37; court costs, $479.79
- Albert JONES, 2/5, $3,965.02
- William D. JONES, 1/5, $1,982.51
- Charles JONES, 1/5, $1,982.51
- Edward JONES, 1/5, $1,982.51
Closed 14 Jun 1871.

CM-3, 393-404 - SUMAN, LIPPS, BEAR

John LIPPS vs Isaac P. SUMAN and Mary E. SUMAN
- Foreclosure - Nov 1869

In 1866 Isaac P. SUMAN and wife, Mary E. were indebted
by mortgage to Anthony BEAR (w/ Maria); the SUMANs then
assigned the mortgage to John LIPPS who filed an injunction
to prevent Suman from removing any of the timber.

Land - "Middle Plantation", "Wet Time", "Gomber's Range",
65 acres of timber land; from Anthony BEAR & wife in 1866.
Located 5 miles east of Frederick, between the Baltimore
Turnpike and the Linganore; has log house, barn and thriving
young orchard; timber is Rock Oak, Chestnut, etc, and has
two convenient springs.

Trustee was John RITCHIE. Sale was held 16 Apr 1970 at the
City Hotel in Frederick City; high bidder was:
- Isaac P. SUMAN at $1,803.75, who was unable to comply with
the terms; he then asked that John LIPPS be substituted.

Distribution: court costs, $219.12
- John LIPPS, mortgage, $1,491.80
- Isaac P. SUMAN, $93.63
Closed 13 Jul 1870.

CM-3, 404-411 - BOONE, BURRIER, CRUM, CRAMER, DUVALL

Eli BURRIER, Mortgagee
- Petition - Feb 1870

Dennis BOONE & w/ Ann Sophia were indebted to Eli BURRIER.

Land - "Creager's Lot", "Huckleberry Hills" and "Peter's Promise",
100 acres; located 4 1/2 miles SE of Woodsboro and 2 miles from Smith's
Creek Church; adjoining lands of John CRUM, Daniel ZIMMERMAN.
Improved with a log house, bank barn, corn house, spring house and orchard.

Foreclosure sale was held 22 Mar 1870;
high bidders were:
- John W. CRUM for 56 acres at $2,835.50
- Eli BURRIER for 10-acre Lot on farm on north side of Liberty
Road at $332.50
- Eli BURRIER for 2 1/2 acre lot on farm on SE corner of angle
of Liberty Road and road leading to John CRUM's farm at $108
- George CRAMER for parts of "Creager's Lot", "Huckleberry Hills"
and "Peter's Promise", 26 acres at $429
Personal property was sold for $175.49 and real estate totaled
$3,704.50; total sales, $3,879.59

Distribution: court costs, $326.78
- Eli BURRIER, mortgage, $3,241
- Zelophadad DUVALL, judgement, $163.91
- George CRAMER, part of claim, $147.90

Closed 14 Jan 1870.

CM-3, 412-422 - JACKSON, ROBERTSON, MILLER

Alexander ROBERTSON, et al vs Charles H.M. ROBERTSON
- Petition - Jan 1871

Mary JACKSON d/ 1870, testate (Will written)

s/ James ROBERTSON, dec'd
.....Alexander ROBERTSON
.....Alice ROBERTSON
.....Grace P. ROBERTSON
.....Charles H.M. ROBERTSON, a minor

LAND - House & Lot on west side of Market St in Frederick, between
Second and Third Streets, the fifth house from the corner of Second St
and then occupied by Mr. SCHUCKMAN as a confectionary store; had
a 2-story brick house and adjoined the property of Joseph STERN.

Guardian was Herman C. KOEHLER. Testimony was heard from
Simon C. SIMMONS and Ezra HOUCK.

Trustee was Frederick J. NELSON.
SALE was held 11 Mar 1871 on the premises; high bidder was:
- Henry MILLER at $3,600

Distribution: court costs, $265.75
- Each 1/4 share to children, $833.56

Filed 5 May 1871.

CM-3, 422-426 - JOHNSON, GROVE, FRIDAY

Martin S. GROVE, mortgagee of Lewis JOHNSON & wife
- Foreclosure - Jan 1871

Harriet JOHNSON, dec'd & husband Lewis JOHNSON (colored)

LAND - Western Half of Lot #23 in Jefferson; from Andres KESLER
and John G. ETCHINSON, exec/of Rhoda HENRY in 1866.

Foreclosure sale was held 5 Feb 1871 in front of store of
Alburtus SPENCER in Jefferson; high bidder was:
- Mrs. Salome FRIDAY at $418

Distribution: court costs, $93.40
- Martin S. GROVE, part payment of mortgage, $324.60

Closed 15 Jun 1871.

CM-3, 427-433 - RICHARDSON, DELASHMUTT, CAMPBELL, SHAFER, ABELL

Arthur DELASHMUTT, Trustee of I. Davis RICHARDSON - Mar 1871

Deed of Trust for creditors was made to Arthur DELASHMUTT
by Ignatius Davis RICHARDSON & w/ Jane B. in Sep 1870.

Land - "Eutaw Place", 200 acres; devised to Richardson by his father, Davis
RICHARDSON. Located 1/2 mile from village of Buckeystown and bounded
on the west by New Design Road from Noland's Ferry to Frederick (6 miles
from Frederick), eastern boundary is Baltiimore & Ohio Rail Road. Land
has best limestone, high cultivation, enclosed with post and rail fencing
and divided into fields and is well watered by springs.
The Mansion house is 2 1/2 story brick with cellar under the entire front
and back building, a large bank barn, corn crib, carriage house and never
failing spring of limestone water near the house and a cistern capable
of containing 100 barrels of soft water at the kitchen door. The grounds
are ornamented with choicest shrubbery and shade trees; a grapery adjoins
the dwelling, planted with choice grapes and several thousand fruit trees
upon the tract, mostly pears about the mansion and protected by hedges
of Norway spruce 10-20 ft high.
The other 35-acre orchard is directly on the Rail Road, enclosed by a hedge
of Osage Orange, mostly pears and apples. There is a nice cottage house
in the orchard; a fine body of lime stone and a set of draw kilns with switch
connecting the kilns with the Rail Road and a house near the kilns.
The kilns can draw out 200-300 bushels of lime per day and rent at $400/year.

- undivided 1/2 share of 300-acre farm; devised to Richardson and his sister,
Mrs. Ann W. CAMPBELL by their father, Davis RICHARDSON.
Farm was then in possession of J.B.H. CAMPBELL (has life estate in it),
but John A. SHAFER then resided there. Lies on east side of Monocacy
River, near the Buckeystown Bridge.

Sale was held at the Dill House in Frederick on 15 Mar 1871;
high bidders were:
- A.S. ABELL for the home place of 200 acres at $29,000
- J.B.H. CAMPBELL for the 1/2 interest in farm at $2,000

Total sales, $31,000.

Distribution of $33,162.88; court costs & vouchers, $16,546.48
- Balance went to a multitude of creditors, a few were only partially paid.

Closed 1 Jul 1871.

CM-3, 433-442 - OGBORN, GORSUCH, POOLE, STEVENS, LEASE, BUNBRINK, RIDDLEMOSER

Thomas GORSUCH, Trustee of John W. OGBORN
- Report of Sales - Nov 1870

Deed of Trust for creditors made by John W. OGBORN to Thomas GORSUCH.

Land - Lot in Mount Pleasant, 6 acres; with 2-story log house, rough casted
outside, with 7 rooms; 1-story brick store house, frame warehouse, stable,
corn crib, carriage house, small log tenant house with wells convenient to
each house; fruit: apples, pears, peaches, grapes and raspberries.
- Lot in eastern part of Mount Pleasant; with 2-story frame weatherboarded
house with 4 rooms, well near the door.
- Lot in easter part of Mount Pleasant; with 2-story brick house with log
kitchen in rear and frame building adjoining the front house, formerly used
as a store room. Rights to use water from adjoining lot.

SALE was held 8 July 1870 on the premises; high bidders were:
- Eliza OGBORN by her agent, George W. POOLE, for House, Lot
& Store House, then occupied by John W. OGBORN, at $2,500.
($2,200 of this is due on mortgage to Dawson V. HAMMOND)

Private Sales then made to:
- Flavius J. STEVENS for Lot & frame House at eastern end of
Mount Pleasant at $950; adjoining lot of Adam LINK with provision
for use of pump and water for joint use with the tenant of the brick
house on adjoining lot.
- Robert LEASE for 6-acre Lot near Mount Pleasant at $600.
Adjoining lands of Robert LEASE, Jacob Willis MAYHEW, and
Elizabeth KANE. (Described as the rear of the two lots, bounded
by Robert LEASE, Jacob DILLER, Mary LEE and Elizabeth KLINE.)
Total sales, $4,050.

Public Sale on 18 Feb 1871; high bidder was:
- Henry BUNBRINK for House & Lot at $651.
House & Lot in Mount Pleasant; directly opposite the store of
James L. RIDDLEMOSER, fronting the turnpike, with 2-story brick
house, log kitchen and water and pump rights to adjoining lot.

Distribution of $6182.23 (may include personal property sales)
- Court costs & estate payments & judgements, $2,892.95
- Balance to multiple creditors at 49% of claims.
Closed 25 July 1871.

CM-3, 442-455 - KUHN, WINTERS, SHORB, JARBOE, GRAHAM, WENNER

William GRAHAM vs George KUHN, et al - Jul 1870

William KUHN d/ 2 July 1870, intestate, single and no issue

bro/ Christian KUHN (died before his brother)
.......George KUHN - Montgomery County
.......two or more daughters, but whereabouts unknown

bro/ John KUHN (died before his brother)
.......Napoleon KUHN - Baltimore City

bro/ Peter KUHN - Ohio (unknown if dead or alive)

bro/ Jacob KUHN d/ Ohio (had several children)

bro/ Frank KUHN - Florida (no contact for 30 years)
(Lieutenant in Florida War)

sis/ Elizabeth (KUHN) w/o Jacob WINTERS - Ohio, now Missouri

sis/ Harriet KUHN - Berlin (Brunswick), Frederick Co, MD

Land - Lot on First St in town of Berlin (Brunswick);
from William SCHLEY, trustee for Francis JARBOE, dec'd, in 1826.
Improvements were 1 1/2 story log house.

Testimony was heard from John SHORB who provided death date
of deceased and further knowledge on some of the children.
Also testifying was Joseph GOODMAN who only verified signatures
as he was Justice of the Peace.

Trustee was William GRAHAM.
SALE was held 2 Jun 1871 at Jordon GRAHAM & Co in Berlin;
high bidder was:
- Charles F. WENNER for Lot #8, 66x160', at $245

Distribution of Sale & Rents, $265; court costs, $135.43
- William GRAHAM, mortgage claim, $108.91
- Each 1/7 share to the heirs, $2.95

Closed 5 Aug 1871.

CM-3, 455-470 - GEORGE, SLATER, GRUBB, PETERS, JORDAN, KEMP, GRAHAM

John L. JORDAN vs Rosanna GEORGE & Others - Sep 1870

John L. JORDAN and John GEORGE held a partnership that bought and sold grain,
lumber, coal, salt, etc and shipped it to Georgetown, District of Columbia by
boat (canal?). The partnership ended in the spring of 1861 with the secession
of Virginia, whereby, John GEORGE who lived in Virginia, one of the Confederate
states, was no longer able to come over and attend to the business. During the
partnership, they purchased lots.

John GEORGE d/ Jun 1862 or 1863, intestate, in Virginia
widow - Rosanna - Loudon Co, VA, and 10 children

d/ Margaret w/o John SLATER - Loudon Co, VA
d/ Cecelia w/o Ebenezer L. GRUBB - Loudon Co, VA
d/ Roberta w/o Rev. J.A. PETERS - Pennsylvania
d/ Mary Louisa GEORGE - Loudon Co, VA
d/ Lydia GEORGE - Loudon Co, VA
s/ John GEORGE - Loudon Co, VA, then Illinois
s/ Wallace GEORGE - Loudon Co, VA
s/ James W. GEORGE - Loudon Co, VA
s/ Edgar GEORGE, a minor - Loudon Co, VA
s/ Robert White GEORGE, a minor - Loudon Co, VA

Land - Lots, 3 roods and 39 perches; located by lands of Hanson MARLOW
on north line of Chesapeake & Ohio Canal and to southern line of Baltimore
& Ohio Rail Road
To John L. JORDAN and John GEORGE as partners from George W. JANNY
& w/ Mary in 1859.
Previously to JANNEY from John H. WHITE in 1857.
- also from Philip VINCEL in 1857 and Joseph M. CONRAD in 1857.

- Lot #63 in Berlin (Brunswick), lying at the Chesapeake & Ohio Canal
at the basin of the canal in the town to John L. JORDAN of Frederick Co, MD
and John GEORGE Jr. of Loudon Co, VA from George W. JANNEY & w/ Mary
of Loudon Co, VA and James W. HAMILTON & w/ Susan in 1860.
Previously to David KEMP, William C. KEMP and John R.A. KEMP from
Thomas CRAMPTON & wife in 1848 (WBT-8, 149).
- Lot #62 in Berlin (Brunswick).
Previously to David KEMP, William H.C. KEMP and John R.A. KEMP from
Joseph WALTMAN in 1848 (WBT-8, 150).
Lots fronted Second or Middle Street, 66x120'; improvements were a frame
warehouse, office and stable.

Guardian was Wallace GEORGE, Esquire of Loudon Co, VA.
Testimony was heard from William GRAHAM who was clerk and bookkeeper
for the business from Mar 1854 to July 1861.

Trustee was William GRAHAM.
SALE was held 3 Jun 1871 at the warehouse of Jordan GRAHAM;
high bidders were:
- John L. JORDAN for Lots #62 & 63 at $3,175
- John L. JORDAN for the boat yard and dock with log house on the
Chesapeake & Ohio Canal, 1 mile from town of Berlin, at $155.
Total sales, $3,330.

Distribution: court costs, $288.55
- John L. JORDAN, $3,041.45
(his claims totaled $4,170.56 + $230.77 interest).

Closed 5 Aug 1871.

CM-3, 470-489 - THOMAS, JONES, SNOUFFER

Stephen A. THOMAS, creditor vs Archibald T. SNOUFFER, executor
of Richard THOMAS, et al - Oct 1870

Richard THOMAS d/ 7 or 11 Sep 1870 (Will written 29 Aug 1870)
widow - Mary A. THOMAS and 9 children,

s/ Charles Byron THOMAS - Baltimore City
s/ Richard THOMAS
d/ Ada THOMAS, a minor - later w/o George M. THOMAS
s/ John B. THOMAS, a minor
s/ Frank THOMAS, a minor
s/ William THOMAS, a minor
d/ Fanny THOMAS, a minor
s/ Robert Lee THOMAS, a minor
d/ Mary J. THOMAS, a minor

LAND - "Locust Bottom", 295 acre farm; devised to him by Will of his father,
Otho THOMAS. Located 5 miles from Adamstown on the B & O Rail Road and
1 1/2 miles from the Washington and Point of Rocks Railroad and 2 miles from
the Chesapeake & Ohio Canal and 1 mile from Greenfield Mills
(one of the best wheat markets in the county).
Improvements were brick house, good barn and well in the yard; fenced off
in fields, each accessable to water.
Also has orchards of Apple, Peach, Pears and Plums.

Because there weren't three witnesses to the Will, the real estate is
considered as though the deceased died intestate and therefore descends
to the children and wife.

Guardian was Herman C. KOEHLER. Testimony was heard from Lloyd
T. DUVALL, Archibald T. SNOUFFER and Stephen A. THOMAS.

On 11 Jan 1871, Daniel T. JONES made oath the widow was about 45 years
old and her general health was good.

Trustees were George W. SNOUFFER and George R. HAYS.
SALE was held 28 Mar 1871 at the City Hotel in Frederick;
high bidder was:
- John MYERS at $50/acre; however, he was acting as agent for
James C. CLARK and petition made for him to be the purchaser.

Distribution of $10,000; court costs, $711.39
- Mary Thomas, widow, in lieu of dower, $1,786.07
(1/8 of $14,288.61)
- Frederick Town Savings judgment for $5,000 w/int, $5,634.16
- multiple creditors, $1,868.58

Filed 14 Aug 1871.

CM-3, 489-496 - GILBERT, MYERS, WARRENFELTZ

Thomas P. HILLIARD, exec/of John L. GILBERT
vs Mary E. MYERS - Nov 1869

John L. GILBERT, dec'd, of Washington County

LAND - House & Lot, 3/4 acre, in Wolfsville near the school house;
adjoining lands of Jacob LUDY, John O. HAYS and Wesley MARKEN and
close to the German Reformed Church.
Improvements were 1-story brick house with attic, stable, spring house
and fruit trees.
To John L. GILBERT from Jonathan ENGLISH, trustee.

On 18 Apr 1863, agreement was made for John L. GILBERT to sell land
to Mary E. MYERS at $285.50; terms, 1/3 down and balance over the
next two years. Mary E. MYERS failed to make subsequent payments.
Tenant at that time was Mary E. MYERS.

Trustee was John RITCHIE, Esquire. Sale was scheduled on 4 Jun 1870
on the premises; however, the day before the sale, Daniel WARRENFELTZ,
by agreement with Mary E. MYERS and her husband, John MYERS, advanced
to the trustee the whole amount of the debt and expenses, $327.51, and
agreed the MYERS' would relinquish all claim and the property would be
conveyed to Daniel WARRENFELTZ.

Filed 14 Jun 1870.

[Blank pages - 497-498]

CM-3, 499-504 - SPRINGER, SCHLOSSER, BOWLUS

Peter G. SCHLOSSER, mortgagee of Thomas SPRINGER
- Report of Sales - Jun 1870

Thomas SPRINGER d/ 1869

Administrator was Daniel SPRINGER who made Peter G. SCHLOSSER agent.

LAND - Lot #15, 36x330', in Middletown.
Improved with a 2-story brick house, smoke house, well and fruit trees.
Then occupied by Dr. SPRINGER.
To Thomas SPRINGER from Isaac BOWLUS & wife of Warren Co, Indiana
in April 1867.

Forclosure sale was held 28 May 1870; high bidder was:
- Dr. Edward BOWLUS at $790

Distribution: court costs, $119.49
- Peter G. SCHLOSSER, mortgage, $571.55
- balance for court to distribute, $98.96

Closed 3 Mar 1871.

CM-3, 505-521 - NIXDORFF, SMITH, HINKS, GETZENDANNER, MILLER, HAGAN

Samuel HINKS & Others vs Franklin B. SMITH - Nov 1870

Susan NIXDORFF d/ 29 Sep 1870, intestate

d/ Mary E. (NIXDORFF) SMITH, dec'd w/o George SMITH
.....Charles C. SMITH & w/ Marian N. HINKS
.....Emma J. SMITH
.....Clara V. SMITH w/o M.E. GETZENDANNER
.....Franklin B. SMITH, a minor

d/ Susan (NIXDORFF) w/o Samuel HINKS

d/ Julia Ann (NIXDORFF) w/o Charles M. MILLER

s/ George A. NIXDORFF

s/ Lewis M. NIXDORFF & w/ Eliza P. MILLER

s/ Henry M. NIXDORFF

LAND - Lot on north side of West Patrick St in Frederick Town by Carroll
Creek.
Improved with a 2-story brick house, then occupied by Susan NIXDORFF;
a 2-story building used as a store and occupied by L.M. & H. M. NIXDORFF.
Previously to Samuel NIXDORFF by Charles SHELL in 1786 [WR-6, 348].
(Henry inherited from his father, Samuel NIXDORFF).
- Lot #4, wooded, in "Fielderia", 46 acres; from Lewis M. NIXDORFF
and Henry M. NIXDORFF, trustees (in Equity case of Samuel HINKS
& Others vs George SMITH & Others) to Susan NIXDORFF in 1862.
Previously to Henry NIXDORFF, dec'd, by James HUGHES of Louisville,
Kentucky, exec/of John HUGHES, in 1832 (JS-38, 33). Located
near the lands of John HAGAN and the Frederick-Hagerstown turnpike
and contained oak and chestnut timber.

Guardian was Herman C. KOEHLER, Esquire.
Testimony was heard from George METZGER (claimed Susan died
latter part of Oct or 1st of Nov 1870); also from Samuel
HALLER (also claimed she died in Oct or Nov 1870).

Trustee was Lewis M. NIXDORFF. Sale was held at the City
Hotel on 25 Mar 1871; high bidders were:
- Henry M. NIXDORFF for the house and lot at $5,300
The wood lot did not receive a sufficient bid.

On 13 May 1871 at the City Hotel, the wood lot, now divided
into 4 lots were sold to:
- John HAGAN for Lot #1, 12 acres at $12.50/acre
- John HAGAN for Lot #2, 11 acres at $12.50/acre
- John HAGAN for Lot #3, 8 acres at $19/acre
- John HAGAN for Lot #4, 13 acres at $36/acre
Total for lots, $955.39; total combined sales, $6,255.39.

Distribution of $6,259.39; court costs, $450.18
- each 1/6 share to children, $968.20
(Mary's children each received $242.05)
Closed 15 Jul 1871.

CM-3, 521-526 - RAMSBURG, KEMP, CRUM

William H.C. KEMP & George W. CRUM, trustees
of George P. RAMSBURG
- On Petition - May 1871

George P. RAMSBURG issued a deed in trust for his creditors
to William H.C. KEMP and George W. CRUM, attorneys, as trustees
in 1871.

Land - store rooms on south side of West Patrick St in Frederick,
then occupied by George P. RAMSBURG.

Distribution of $1,862.92; court costs, $561
- balance to creditors.
Closed 1 Jul 1871.

CM-3, 526-531 - WILLS, KUNKEL, LAMBRIGHT

Philip B. KUNKEL, mortgagee of William WILLS
- On Petition - May 1871

Land - Lots #251-254 on east side of North Market St, and three
doors south of Seventh St, in Frederick; improvements were
brick house, 37 x 230', with stabling, slaughter house, desirable
for a butcher. Adjoined lots of Theodore KEEFER and Conrad KAUFMAN,
dec'd. Previously to John W. LAMBRIGHT (w/ Ann Rebecca) and William
WILLS from Thomas THORNBURG and w/ Eliza in 1863 (BGH-8, 298); in
1865, the Lambrights coveyed their interest to William WILLS.

Foreclosure sale held against William W. WILLS & w/ Mary J.
(JWLC-2, 365) on 2 May 1871; high bidder was:
- John LAMBRIGHT at $1,320

Distribution: court costs, $213.22
- Philip B. KUNKEL, mortgage, $1,016.66
- Philip B. KUNKEL, part of interest, $90.12
Closed 22 Jul 1871.

CM-3, 531-538 - THOMAS, SPECHT

Stephen A. THOMAS, mortgagee of Levin THOMAS & w/ Annie H.
- Report of Sales - May 1871

Land - Lot #2, on parts "Whiskey Grog", "I Believe It Will Do"
and "New Harbor", 188 acre farm; devised to Levin THOMAS by Will
of Otho THOMAS (Will - TLML-1, 209-225). Located on east side
of the Monocacy River near the mouth. Part of land had been sold
to Baltimore and Ohio Rail Road (9 acres) in 1868. Part of land
was in Montgomery County (47 acres) and only Frederick County part
was sold. Included a frame house and barn, apple orchard and fine
spring near the house. (see Deed TLML-1, 209-225)
- Lot #2 of "Fair Play", 14 acre wooded lot; from estate of Otho THOMAS.

Foreclosure sale was held 29 Apr 1871 on the premises; high bidder:
- Daniel SPECHT at $3,327.60, subject to mortgage to Thomas M. HARWOOD.

Distribution: court costs, $347.66
- S.A. THOMAS, mortgage, $1,099.53
- G.R. HAYS, judgements, $946.74
- F. BRENGLE, esquire, filing, $10
- William H. ADAMS, judgement, $63.85
- Peters and Bowman, judgement, $30.28
- balance remaining, $829.54
Closed 15 July 1871

CM-3, 539-547 - THOMAS, WASKEY, BLESSING, NIXDORFF

Frederick County Building Association
vs Leonard T. WASKEY & Elizabeth THOMAS
- Report of Sales - May 1871

LAND - "Lashmutts Folly" and "New Discovery", 45 acres;
to Elizabeth THOMAS by Mary BLESSING in 1852 [ES-4, 13-14];
previously to Mary BLESSING by George BLESSING, trustee of
Nere BLESSING in 1850.
Excluded were parts conveyed to Lewis E. THOMAS in 1858 (1+ acre).

SALE was held 27 May 1871 at the City Hotel in Frederick;
high bidder was:
- Henry M. NIXDORFF at $458.45

Distribution: court costs, $100.98
- Frederick County Building Association, $357.47
Closed 4 Aug 1871.

CM-3, 547-568 - BRENGLE, ZUMSTEIN, SANDERSON, HARDT, KEEFER, WOLFE, BROOKS, KINGSBAKER

Nicholas BRENGLE vs Frederick ZUMSTEIN & Others - May 1871

Frederick ZUMSTEIN was security for Christian BRENGLE on a note
to John SMITH of J. for $1,000 and thereby Christian BRENGLE
issued a mortgage in trust to Frederick ZUMSTEIN and Christian BRENGLE.

Frederick ZUMSTEIN and w/ Catharine conveyed the mortgaged
property to William Raymond SANDERSON to secure debt ZUMSTEIN
owed to Sanderson. The Zumsteins also mortgaged the property
to the Frederick German Building Assoc and also to Jacob M.
BUSHEY; and to John D. HARDT and Hiram M. KEEFER of HARDT &
KEEFER; and Frederick Town Savings Institution for debts owed
to them.

Zumstein filed for bankruptcy and Milton G. URNER, Esquire,
was named as assignee for him.

Land - Lots #81 & 82 on west side of North Market St in Frederick
Town. Previously to Brengle from Adam WOLFE and w/ Caroline in 1865.
Improvements were 2-story house and 2-story back building, 1-story
warehouse attached to the back building; alley on south side; one
room in the 2nd story of house built by David W. BROOKS over the
alley and facing Market St (described as a 2nd and 3rd story built
over the alley and adjoining the two properties). There were two
store rooms in the front building, one formerly occupied by Frederick
ZUMSTEIN and the other by S. KINGSAKER, with gas in both store rooms
and hydrant in the yard. Property is situated opposite the Junior
Hall and the Farmers and Mechanics National Bank.

Charles W. ROSS. Sale was held at the City Hotel in Frederick
on 1 July 1871; high bidder was:
- Solomon KINGSBAKER at $5,900

Distribution: court costs, $495.15
- Nicholas BRENGLE, 1st mortgage, $1,986.36
- William R. SANDERSON, 2nd mortgage, $2,322.46
- Frederick German Bldg Assoc, 3rd mortgage,
in part, $1,096.03
Closed 23 Aug 1871.

CM-3, 568-574 - DORCUS, BARRICK

Jacob DORCUS & David F. DORCUS, mortgagees
- Report of Sales - Oct 1870

Lewis E. DORCUS was indebted to Jacob DORCUS and Solomon BARRICK.
Sureties were Jacob DORCUS and David F. DORCUS who were provided
a mortgage by Lewis E. DORCUS and w/ Jane S. in 1867, which also
included all of their farming and household goods.

Land - "Wood Chance", "Richard's Good Will" and "Standing Stone",
75+ acres; on road from Woodsboro to the coppermine, adjoining
lands of Mrs. RILEY and Jacob DORCUS. Previously to Lewis C.
DORCUS from Francis W. BARNES, Atty/for William C. BURDOCK/BURDETT
& w/ Susanna in 1862. Improvements included 2-story log house,
frame barn, hog house, apple orchard and two good springs and well
of water at the barn.
- "Blacksmith's Delight", 5 acres; adjoining the above; from Samuel
S. PHIPPS & w/ A.E.S. in 1866.

Foreclosure sale was held 8 Oct 1870 on the premises; high bidders
were:
- Jacob DORCUS and David F. DORCUS at $2,482.12

Distribution: court costs, $214.18
- Jacob DORCUS, 56.28% of claim, $1.037.05
- David F. DORCUS, 56.28% of claim, $984.06
- Jacob DORCUS & D.F. DORCUS, 56.28% of claim, $246.83
Closed 21 Dec 1870.

CM-3, 575-594 - HOUCK, HAMMOND, URNER

Thomas HAMMOND vs Jacob J. HOUCK & w/ Ann Elizabeth
- Foreclosure - Feb 1870

Land - "Hammonds Chance", "The Grove", 83 acres; and "The Grove", 22+ acres;
lies on new county road from Liberty Town to McKinstry's Mills, about two miles
NE of Libertytown, adjoining lands of Col. T. HAMMOND, Captain R. Emory
SIMMONS and Maurice T. STARR.
Improvements were a stone house, frame barn, blacksmith shop and dairy; was
well watered and had spring convenient to the house and also a young orchard.
It also has an inexhaustable quarry of limestone of best quality.

Thomas HAMMOND filed an injunction to prevent Jacob J. HOUCK
from cutting the timber.

Trustees were Charles W. ROSS and Milton G. URNER.
SALE was held 1 July 1871 at Jones' Corner in Libertytown;
high bidder was:
- Jonas URNER at $5,474.05

Distribution: court costs, $482.38
- Thomas HAMMOND, in part of mortgage, $4,991.67

Closed 24 Aug 1871.

CM-3, 594-601 - WILLSON, BRISCOE, FLETCHER, FOUT, HILLEARY

Michael W. FOUT vs George W. BRISCOE
- Foreclosure - Apr 1871

Abraham WILLSON was indebted by mortgage to William FLETCHER,
who assigned the mortgage to Michael W. FOUT.

Abraham WILLSON d/ Feb 1870 (Will written 11 Jan 1870)

He devised everything to his friend,
George Washington BRISCOE and also made him his executor.

LAND- Log House & Lot on east end of Petersville.
From William FLETCHER who also built the house and held a mortgage
for monies due from work on the house.

Trustee was Michael W. FOUT.
SALE was held 4 Jun 1871 on the premises; high bidder was:
- Dr. John W. HILLEARY at $215.75

Distribution: court costs, $81.04
- Michael W. FOUT, assignee of William FLETCHER
mortgage debt with interest, $45.85
- Michael W. FOUT, agent of George W. BRISCOE, admin/of
Abraham WILLSON, dec'd, $88.86

Closed 19 Sep 1871.

CM-3, 601-622 - THOMAS, DUDROW, RAMSBURG, SNOUFFER, DUVALL, MICHAEL, HARWOOD

David O. THOMAS vs Mrs. Eliza J. THOMAS, et al - Sep 1870

Excerpts from the Will of

Captain Otho THOMAS, dec'd

s/ Charles E. THOMAS
s/ Otho THOMAS Jr.
s/ Jacob M. THOMAS

Devised farms then occupied by Otho (Sr.), Charles E. THOMAS and Robert
RAMSBURG / RENNENBERGER, containing 700 acres, to them; also the
89-acre mountain lots from John J. HARDING.

In Dec 1865, a petition to divide the land was issued by Charles E. THOMAS
and Otho THOMAS to be divided by commissioners who met at Point of Rocks.
Property divided as follows:

- Charles B. THOMAS - "Resurvey on Hazzard" and "Mad Wife", 217+ acres
(Lot #1); and "Foul Play", 23+ acres (Lot #1, wooded).

- Otho THOMAS Jr. - "Resurvey on Hazzard", "Hill in the Middle" and
"Addition to Leonard's Beginning", 296 acres (Lot #2); and "Foul Play",
24 3/4 acres (Lot #3, wooded).
-----

Charles E. THOMAS d/ 14 Mar 1869, intestate
widow - Eliza Jane and 7 children

s/ David O. THOMAS
d/ Emma B. THOMAS (19), a minor
d/ Maggie D. THOMAS (17), a minor
s/ Charles E. THOMAS (15), a minor
s/ Willie THOMAS (13), a minor
d/ Harriett E. THOMAS (11), a minor
d/ Eliza J. THOMAS (7), a minor

LAND - "Resurvey on Hazzard" and "Mad Wife", 217+ acres; and
"Foul Play", 23+ acres; devised from Will of Otho THOMAS.
Located in Buckeystown District, about 2 miles from Point of Rocks and
the Baltimore & Ohio Railroad; adjoining lands of Otho THOMAS and
Henry S. MICHAEL.
Improvements were a large frame house of 10 rooms, barn, corn house,
wagon shed, an apple orchard, limestone soil and has six fiels under good
fincing and is well watered in every field.

- "Resurvey on Hazzard", "Hill in the Middle" and "Dry Branch", 204+ acres;
adjoined Dr. DUVALL's land and the Rail Road ran through it; and "Foul Play",
wooded Lot #2, 23 1/2 acres.
Improvements were a log house, weather-boarded with 6 rooms, barn, corn
house, blacksmith's shop, granery, servants' quarters, two apple orchards,
limestone soil and is divided into 5 fields under good fencing and with running
water in every field.
From Jacob N. THOMAS in 1866.

- The wood lots, "Foul Play", lay on Sugar Loaf Mountain in Urbana District.

Deed of Mortgage was issued by Charles E. THOMAS & w/ Eliza J. to Jacob N.
THOMAS who assigned said mortgage to Eliza J. THOMAS in Sep 1870, at
that time for $5,821.07.
At the same time, Eliza assigned said mortgage to the Central National Bank
of Frederick and to the Frederick County National Bank of Frederick.

On 1 Apr 1871, David E. DUTROW made oath the widow was about 43 years
old and her general health was good.

Guardian was Adolpheus FEARHEAKE, Esquire.
Testimony was heard from George W. SNOUFFER and Dr. Lloyd P. DUVALL
on 13 Apr 1871, both of whom listed the children's ages.
Also testifying was Ezra MICHAEL.

Trustee was George W. SNOUFFER, Esquire.
SALE was held 1 Aug 1871 at the City Hotel in Frederick;
high bidders were:
- Thomas HARWOOD for the 204+ acre farm at $3,644.53.

No sufficient bid was received for the home farm, 217 acres;
however, on 14 Aug 1871, private sale was made to:
- Ezra MICHAEL at $4,207.30.

The wood lots were withdrawn, due to insufficient bids.
Total sales, $7,857.83.

Distribution: court costs, $709.48;
- Frederick Co Natl Bank, $2,061.40
- Central Natl Bank, $2,061.40
- Eliza J. THOMAS, widow, in lieu of dower, 2/5, $2,251.49
- each child's 1/7 share, $109.72.

Closed 4 Nov 1871.

CM-3, 623-632 - HOOPER

Thomas HOOPER, mortgagee of John HOOPER & w/ Catharine
- Report of Sales - Jul 1871

LAND - Lot on east end of South St in Frederick; adjoined lot
of Mrs. E. KILLION.
From Thomas HOOPER and William HOOPER, execs/of John HOOPER, dec'd
in Jan 1856 [BGF-2, 56].

Sale was held 15 Jun 1871; high bidder was:
- John H. HOOPER at $500

Distribution: court costs, $179.35
- Thomas HOOPER, to pay Frederick Town Savings, $192.85
- Thomas HOOPER, interest, $22.16
- John HOOPER, balance, $105.64

Closed 19 Sep 1871.

CM-3, 632-651 - HORSEY, MITCHELL, CARROLL, SLAVES, DIGGES, THOMAS, LYNCH, GOUVENEUR, FELTERINAU

Maria C. CARROLL vs Outerbridge HORSEY,
exec/of Mary Ellen HORSEY & Others - Nov 1870

Eliza D. HORSEY d/ testate

s/ Outerbridge HORSEY
d/ Mary Ellen HORSEY

grandchildren - $1,000 each with interest from date of her death
until they reach legal age

Negro SLAVES - NACE, JACK, LLOYD, ISAAC, RACHAEL, MARY, NANCY
and WILLIAM (MARIA'S CHILD) - to daughter, Mary Ellen HORSEY

Negro SLAVES - SALLY and her children, FRANK, MOSES, ANNEY, DAVID,
SUSAN, WILLIAM and NELLY, HENRY and JULIANNA (child of RACHAEL)
- to son Outerbridge HORSEY

Negro SLAVES - GRACE and her children, LUCY and NICK, CECILY, SARAH,
JARED, KITTY and JULIET - to trustees or executors, to hold said negroes
and their increase in trust for following uses and trusts:
- to granddaughter Eliza Lee MITCHELL upon lawful age:
CECILY, KITTY, LUCY and SARAH
- to grandson Joseph T. MITCHELL upon lawful age:
GRACE and her children, NICK, JARED and JULIET
or to the survivor of those grandchildren; or if both deceased,
then to revert back to my children.

MANUMIT - MARIA

CECILY - To serve daughter Mary Ellen until granddaughter Eliza Lee
MITCHELL becomes of age to claim her.

GRACE - old woman, son Outerbridge to support her

BILLY, JANNEY and faithful servant EMILY
to be maintained by daughter Mary Ellen

LAND - to be divided between son and daughter, east to west, with daugher
getting the house and improvements and not charged more than $500 for house.
Son's share to include Distillery and hog pens and right of way through road
from Distillery to the public road.

Witnesses: Samel D. GOUVENEUR, M.D.G. RINGGOLD, M.D. GOUVENEUR
[Will written 25 Jul 1856]

Codicil dated 25 July 1856 - to better equal the values of negro SLAVES

- to d/ Mary ELLEN - LLOYD, NACE, JACK, ISAAC, WILLIAM (s/o MARIA),
RACHAEL, ANNEY, JULIANA, LOUISA, LEWIS
Also land where house and farm improvements were located, now without
a $500 payment.

- to son Outerbridge - HENRY, FRANK, MOSES, WILLIAM, MARY, NANCY,
SALLY, SUSAN, DAVID, THOMAS
Also received the Distillery and Hog pens and land where Cooper's Shop and
Distillery house, etc were.

- Jesuit Novice Ship in Frederick $25
(where she wished to be buried by her husband

- Mount St Mary's College - $50

- Provision that none of the negroes be sold to the South
or out of the state of Maryland

Witnesses: Samuel D. GOUVENEUR, Ellen LYNCH, M.D.L. GOUVENEUR
and M.D.G. RINGGOLD

Codicil dated 16 Jan 1859 - revoked the share to Outerbridge and instead
devised it to his wife, Anna C. HORSEY;
also, granddaughter Eliza Lee MITCHELL not to receive her share until age 25.
Witnesses: Catharine ELDER, George W. WEST and H. DUNLOP

Mary Ellen HORSEY d/ 14 or 16 Aug 1870 in Paris, France, testate

bro/ Outerbridge HORSEY (exec) - after his death, estate to

nephew/ George Carroll HORSEY, a minor - Paris, France
- after his death, to his oldest son

If nephew had no children, then to

niece/ Mary Ellen HORSEY, a minor
- if she dies before legal age, then to

niece/ Eliza Lee HORSEY, a minor

niece/ Eliza Lee MITCHELL ($200 yearly during her life)

- Maria Caroline CARROLL - $500/yearly for 4 years, in trust
for aiding in the erection of a Catholic Church
in Burkittsville; if erection not begun, then to
the Reverend Archbishop for the Industrial School
of Baltimore, MD, and also $200/yearly for 5 years
for the school.

cousins/ Sally THOMAS Jr. and Maria THOMAS, or survivor of
them, $100

- Novitiate in Frederick for masses - $50

- Items of jewelry and silver to: Maria C. CARROLL, Anna C. HORSEY,
Mary Ella HORSEY, Eliza Lee HORSEY, George Carroll HORSEY,
Mrs. M.D. GOUVENEUR, Mrs. E. LYNCH

Gold Cross, containing hair of her grandparents, to E.C. HORSEY

Portrait of his grandfather DIGGES to George C. HORSEY

Portrait of herself to Maria C. CARROLL

cousin/ Mary FELTERINAU of San Francisco - white lace cape
and black lace flower

Witnesses: Jacob M. KUNKEL, J.W. BAUGHMAN, Ann FITZPATRICK
[Will written 10 Sep 1867]

LAND - One undivided share in 425-acre Estate of her mother, Eliza D. HORSEY,
whose Will devised lands to her son Outerbridge HORSEY and daughter Mary Ellen
HORSEY, but a codicil revoked the share to Outerbridge and instead devised it
to his wife, Anna C. HORSEY.
Land was part of the "Needwood Estate" located between Petersville and Burkittsville;
100 acres in wood, residue divided into two farms. Improvements were a commodious
double house, 2-stories high, part brick and part wood with several springs of water
and a fine orchard and adjoins lands of Mrs. Mary D. GOUVENEUR and Thomas S. LEE.

Guardian was Herman C. KOEHLER.
Testimony was heard from:
- Mrs. Anna C. HORSEY (w/o Outerbridge HORSE, sister to Maria C. CARROLL
and mother of George Carroll, Mary Ellen & Eliza Lee HORSEY and aunt of
Elisa Lee MITCHELL);
claimed Mary Ellen HORSEY, dec'd, died 14 Aug 1870 in Paris, France.
- Outerbridge HORSEY also testified to the same information.

Trustee was James A. DALL.
SALE was held 10 Jun 1871 on the premises in Petersville District;
high bidder was:
- Outerbridge HORSEY at $14,805

Distribution: court costs, $774.27
- Maria C. CARROLL, her claim, $4,618.33
- Outerbridge HORSEY, his claim, $9,156.42
- balance for further order of the court, $255.98

Closed 16 Oct 1871.

CM-3, 652-661 - WASKEY, THOMAS, NIXDORFF, BLESSING, BASSFORD, ZIMMERMAN

Henry M. NIXDORFF and Josiah G. THOMAS
vs Leonard T. WASKEY & Others - May 1871

LAND - in Buckeystown District
- 14 acres and improvements; devised to Elizabeth THOMAS
by Will of Barbara THOMAS dated 7 June 1847 (GH-1, 227).
Improvements were 1 1/2 story log weatherboarded house with back building,
log barn, corn house, hog house, etc, and an apple orchard.
Also a 4-acre wood lot on Catoctin Mountain, adjoining lands of the heirs
of Neri BLESSING.
- "Resurvey on Lashmutts Folly", "New Discovery"; to Elizabeth THOMAS
by Mary BLESSING May 1852 (ES-4, 113)

Deed of Mortgage by Leonard T. WASKEY and Ellizabeth THOMAS to Henry
M. NIXDORFF and Josiah S. THOMAS for monies owed to Fredericktown
Savings by Leonard T. WASKEY. However, the Frederick County Building
Association had already sold the portion from Mary Blessing under a
previous mortgage.
There were also other judgements against Leonard T. WASKEY by Peter T.
ZIMMERMAN and John C. HARDT and Hiram KEEFER t/a Hardt & Keefer.

Charles W. ROSS was trustee.
SALE was held 7 Oct 1871 at the City Hotel in Frederick;
high bidder was:
- Jacob BASSFORD for the 14 acres at $750.50

Distribution: court costs, $137.55
- Henry M. NIXDORFF & Josiah THOMAS, mortgage, $526.36
- Peter T. ZIMMERMAN, part of judgement, $86.59

Closed 4 Dec 1871.

CM-3, 662-663 - GRIFFITH, WATKINS, PLUMMER, SLAVES

Samuel W. PLUMMER, Mary E. PLUMMER & Henry A. GRIFFITH
vs Lyde GRIFFITH & Others - Oct 1866

Lyde GRIFFITH of Montgomery County d/ 1839, testate (Will)

s/ Lyde GRIFFITH
d/ Rachael GRIFFITH w/o Samuel GRIFFITH

to son Lyde, in trust for his sister Rachael; upon her death,
to her children.
- 160 acres to include buildings where Benjamin KING then lived
- Negroes - MARIA, CHARLOTTE, KITTY, PLATER, EMILA, SAMUEL,
ELIZA, ANNIE and WILLIAM
-----

Rachael GRIFFITH d/ c1859, her 8 children,

1/ Lyde GRIFFITH
2/ Henry A. GRIFFITH

3/ Charles A. GRIFFITH d/ after his mother, testate
(his wife devised his share to be divided equally to his
nephew and niece, Byron H. GRIFFITH and Anna Mary GRIFFITH)

4/ Mordecai J. GRIFFITH d/ after his mother, intestate
.......Byron H. GRIFFITH
.......Anna Mary GRIFFITH

5/ John A. GRIFFITH
6/ C. Columbus GRIFFITH
7/ Ann WATKINS
8/ Mary E. w/o Samuel PLUMMER

Clerk's note - to pause and resume later

NOTE - Lyde GRIFFITH was married to Louisa,
uncertain if Lyde was Rachael's son or brother.

CM-3, 664-669 - RENN, LEISTER, WASKEY, SHAFF

Trust Estate of Isaac RENN - Sep 1870

Isaac RENN & w/ Mary E. made Deed of Trust to John H. RENN
for benefit of creditors.

Land - 51+ acres; from Eli C. WASKEY & wife in 1859 (BGF-3, 654).
Tenant then living there was Albert LEISTER.
Located 1 mile south of Jefferson, on road from Jeferson to
Adamstown, adjoining lands of Ezra THOMAS and Michael CULLER.
Improvements were a 2-story log weather-boarded house with
bank barn, corn house, smoke house, wagaon shed, laid out into
five fields, three acres in timber, two in meadow with a well
at the door and excellent spring nearby; also has an orchard
of fruit trees.

After a failed sale, private sale was made to:
- Abraham SHAFF at $2,400

Distribution: court costs, $248.49
- numerous creditors, $1,599.89
- Isaac RENN, balance, $551.62
Closed 20 May 1871.

CM-3, 670-674 - HOLTZMAN, RENNER, HOFFMAN

John R. HOFFMAN, mortgagee of Hezekiah HOLTZMAN
- Report of Sales - Mar 1871

Land - "I Am Glad It is No Worse", 24 acres;
exception of 3 acres sold to Joshua RENNER.
To Jacob POFFINBERGER from George KESSELRING in 1843 [JS-47, 44].

Sale was held 4 Mar 1871, high bidder was:
- Martin HOFFMAN at $363

Distribution: court costs, $77.11
- John R. HOFFMAN, mortgage debt, $248.40
- John R. HOFFMAN, part pymt of judgment, $37.49

Closed 10 Jul 1871.

CM-3, 674-680 - RUNKLES, WOOD, CLAY, SELLMAN

Joseph WOOD, trustee
- On Petition - Feb 1870

Joseph RUNKLES & w/ Amanda conveyed Deed of Trust to Joseph WOOD
and also conveyed a deed to their son, Samuel RUNKLES who conveyed
the same to Joseph WOOD, all for creditors of Joseph RUNKLES.

Land - "Pretty Sally" and "Bite Me Softly", 157 acres, in New Market District.

Sale was held 19 Feb 1870, high bidder was:
- George M. CLAY at $875, subject to mortgage of William O. SELLMAN for $1,000.

Distribution: court costs, $167.40
- Joseph WOOD, claim, $110
- F.J. NELSON, Atty/for W.H.B. DORSEY, mechanic's lien, $103.46
- balance to numerous other creditors.

Closed 28 May 1870.

CM-3, 680-685 - CLARY, POOLE, MOLESWORTH

Thornton POOLE
- On Petition - Jan 1871

Nathaniel H. CLARY and Samuel A. CLARY, t/a N H Clary & Co, issued
a Deed of Trust, for their creditors, to Thornton POOLE in 1869.

Distribution from sale of goods, horses, buggys, etc - $2,678.17:
- Court costs, $870.97
- George W. MOLESWORTH, part of mortgage claim, $1,807.20

Closed 16 Jul 1871.

CM-3, 685-690 - DELAPLANE, SEISS, CREAGER, WINEBRENNER, GRIMES

David C. WINEBRENNER, mortgagee of Wesley DELAPLANE, Salome DELAPLANE
and Caroline SEISS
- On Petition - Sep 1871

Deed of Mortgage to David C. WINEBRENNER in 1870.

Land - Lot #40 in Mechanicstown, on east side of South or Water St.
Improvements were a 2-story house and store room.
Then occupied by Wesley DELAPLANE.
To Salome DELAPLANE and Caroline SEISS from Octavius A. CREAGER
& wife in 1866.

SALE was held 2 Sep 1871 at Gilbert's Hotel in Mechanictown,
high bidder was:
- Warner T. GRIMES at $1,325

Distribution - court costs, $154.45
- D.C. WINEBRENNER, mortgage, $983.25
- Salome DELAPLANE and CAROLINE SEISS, $187.30

Closed 28 Dec 1871.

CM-3, 690-700 - McLEAN, URNER, LINN

Milton G. URNER
- On Petition - Feb 1871

Thomas L. McLEAN & w/ Charlotte A. issued Deed of Trust
for their creditors to Milton G. URNER.

LAND - House and Lot on north side of West Third St in Frederick City.
To T.L. McLEAN from Catharine M. SHULTZ in 1866.

Public sale was held 26 Jan 1871 at the New Auction Sales Room
of Levi VANFOSSEN, Esquire in Frederick City at corner of Third
and Market Sts; high bidder was:
- John T. LINN at $1,710

Also sold was bank stock, turnpike stock of Frederick and Catoctin
Mountain Road Company.

Distribution of $5,696.81; court costs, $855.66
- various taxes, $180.52
- T. M. MARKELL, of 1st National Bank, $516.75
- George SHULTZ, lien, $809.39
- John A. DEGRANGE & G.W. DEGRANGE,
execs/of Elizabeth DEGRANGE, 49% of claim, $167.57
- balance to numerous creditors at 49% of claims

Closed 28 Jul 1871.

CM-3, 700-710 - LANDERS, BIGGS, BITTINGER, ROUZER

Joshua BIGGS, trustee/of William C. LANDERS
- Report of Sales - Oct 1871

Land - 200 acres, Divided into Lots, conveniently located on turnpike from
Frederick to Emmittsburg, near Mechanicstown and Mt St Mary's College
and St Joseph's Academy, all with pure springs.

1 - 136 1/2 acres on north side of Owings Creek.
Improved with large bank barn, under post and rail fencing with 11 springs
of good water, one of which is a medicinal spring with rare curative properties;
another is a cold spring and used as a resort for picnic and pleasure parties.
To William C. LANDERS from Hellen LANDERS by her Will on 2 Apr 1860.

2 - Franklin Mills, 30+ acres with water rights; located on Owings Creek with all
modern improvements, a chopping mill and saw mill, with brick house and several
springs of mountain water nearby which run into the kitchen with a variety of
fruit trees.
The Mill is a large 4-story brick building, 65x50', with two run of burrs, capable
of manufacturing 100 barrels of flour a day; has an overshot power of 15 feet.
The water, after passing through the mill for 250 yards, is again used to turn
a chopping and plastering mill with two run of stones. also has a saw mill
attached with a 16' power.
To William C. LANDERS from Jacob FIROR & wife in 1841.

3 - 1 1/4 acres with a large storehouse with dwelling attached.
4 - 9 acres with weatherboarded house and limestone quarry and lime kiln,
considered the stonest lime in the state.
5 - 18 1/2 acres with house, fruit trees, under good post and rail fence.
6 - 1+ acre with rough cast house
7 - 3 acres with rough cased house
8 - 1 acre with frame weatherboarded house
9 - 28 acres of mountain land, about 1 mile from Franklin Mills and lies
on the Western Maryland Railroad.
To William C. LANDERS from Benjamin SEIS & wife in 1846.

Sales to:
- William BITTINGER for 200 acres at $23,500
- Martin ROUZER for 28 acres at $259
- also sold personal chattels for $3,040
- also collected debts of $1,768.49

1st Distribution of $10,231.37; court costs, $1,318.05
- Joshua BIGGS & John ROUZER on mortgage, $6,939.54
Balance to a multitude of creditor claims.

Closed 19 Feb 1872.

CM-3, 711-712 - ULRICH, BUSHEY, GAMBLE

Jacob M. BUSHEY vs William E. ULRICH & w/ Frances E. ULRICH
- Report of Sales - Oct 1871

LAND - Lots #23 & 24 of "Shield's Addition to Emmittsburg", 1 acre
- 6 acres, lying 1/2 mile north of Emmittsburg.
To Frances ULRIC from John HICKUM.

SALE held 17 Oct 1871 at Adelsberger's Hotel in Emmitsburg,
Jacob M. BUSHEY sold property held in mortgage to:
- David GAMBLE at $754

Discontinued at suggestion of Attorney F. BRENGLE, Esquire,
without change of Title. - 31 Oct 1871

CM-3, 712-730 - TYLER, SUMMERS, GROFF

Jacob V. SUMMERS vs The Frederick Deutsche Schintzen Gesells Chaft
- Report of Sales - Aug 1870

William TYLER assigned a mortgage (of The Frederick Deutsche Schintzen
Gesells Chaft to William TYLER and M.B. TYLER) to Jacob V. SUMMERS
in July 1870.
M.B. TYLER was then deceased.
The officers of The Frederick Deutsche Schintzen Gesells Chaft were Ernst
A.C. FOX, president; Michael LEILICH, vice-president; and George ESTERLY,
secretary.

LAND - 28 acres Lot on turnpike from Frederick to Brunners Mill (on the south)
and the road from Frederick City to Hamburg on the north and bounded on the
west by land of Lewis M. NIXDORFF and on the east by lands of Mrs. Gideon
BANTZ and Mrs. Margaret GOLDSBOROUGH.
Laid off in drives and walks, planted with a thousand shade trees and evergreens
with large new 2-story brick mansion of the best materials. The main hall is
80' long and 40' wide in the highest state of art, surmounted with an observatory
which has a full view of the beautiful and fertile Frederick Valley. Hydrant water
is on the property, suitable for a county seat, boarding school or public resort.
From William TYLER Sr & w/ Mary B. to officers and directors and their successors
of The Frederick Deutsche Schintzen Gesells Chaft in 1867.
Directors and Officers were: Ernst A.C. FOX, Michael LEILICH, J.W. BIRELY,
George ESTERLY, Frederick SCHROEDER, Henry BAUMGARTNER, C. MEUSENDICK,
Jacob HEINTZ, Christian H. ECKSTEIN, Justus MILLER, Israel SCHUBART and
Christian ECKSTEIN.
Previously to Tyler from John H. WILLIAMS, trustee of Charles WILLSON.

Trustees were John RITCHIE, Milton G. URNER and Christian H. ECKSTEIN.
SALE was held 26 Nov 1870 at the City Hotel in Frederick;
high bidder was:
- Joseph GROFF at $12,000

Distribution: court costs, $1,154.47
- Jacob V. SUMMERS, assignee of W. TYLER, Sr mortgage, $5,082.60
- HARDT & KEAFER, assignees of ZUMSTEIN & RHODES,
partial mortgage, $2,849.60
- E.A.C. FOX, Frederick ZUMSTEIN, Frederick SCHROEDER, George
ESTERLY, partial mortgage, $2,913.33

Filed 15 Jun 1871.

CM-3, 731-732 - Blank pages

CM-3, 733-748 - GRIFFITH, MASON, DETRICK

John L. MASON vs David Porter GRIFFITH - Nov 1869

John L. MASON and David P. GRIFFITH were partners, t/a Griffith & Mason,
in a business for buying and grinding bark and sumac and selling the same.

LAND - 'Bark Mill', 1 acre, on west end of Monrovia on the B&O Railroad.
Improvements included an engine room built by Griffith at his expense.
To David P. GRIFFITH from Hugh McALEER.

Debts owed to HARDT & KEEFER, lumber dealers, in Frederick City.

Receiver for the dissolution of the business was John RITCHIE.

SALE was held 12 Mar 1870 on the premises; high bidder was:
- Louis F. DETRICK, a merchant in Baltimore city, for the mill property
and machinery at $1,525
- merchandise sold to various people at $47.08

Partial Distribution of $1,326.75; court costs, $155.62
- Frederick J. NELSON, atty/for Calvin PAGE, mechanics' lien, $385.18
- Samuel E. GROVE, 72% of claim, $127.82
- N.W. HAMMOND, 72% of claim, $84.06
- D.P. GRIFFITH, 72% of claim, $192.38
- John L. MASON, 72% of claim, $214.43
- M.J. GROVE, 72% of claim, $5.93
- HARDT & KEEFER, 72% of claim, $161.33

Other distributions also distributed to creditors.

Filed 12 Mar 1872.

CM-3, 748-750 - OHLER, MORT, HOUCK, POWELL, DEIHL, STOUTER

Solomon OHLER, et al vs Margaret OHLER, et al
- Trustee's Report - Feb 1872

Trustee's Report - Funds received from Delilah OHLER on land
purchases and monies received from Michael STOUTER.

Trustees were Solomon OHLER and Charles W. ROSS.

Distribution of $2,459.23; court costs, $123.98
to children of deceased
- Catharine MORT, 1/10, $233.52
- Solomon OHLER, 1/10, $233.52
- Michael HOUCK, assignee of Levi N. OHLER, 1/10, $233.52
- George H. OHLER, 1/10, $233.52
- Julia Ann POWELL, 1/10, $233.52
- Joshua OHLER, 1/10, $233.52
- Elizabeth HOUCK, 1/10, $233.52
- Frederick OHLER, 1/10, $233.52
- Delilah OHLER, 1/10, $233.52
- Allie DEIHL, 1/10, $233.52

Filed 23 Mar 1872. (Also see CM-2, 384-402)

The End of CM-3

Equity Court Abstracts

Book CM-3 - 1870-1872

Frederick County, Maryland

MDGenWeb © Copyright 2024 Last revised on April 12, 2024

MDGenWeb © Copyright 2024
Last revised on April 12, 2024