Equity Court Abstracts

These are abstracts from Equity Court Records I accidentally found in Land Records of Frederick County, Maryland, Liber HS-23.
They start at page 473 and run through page 610
All persons listed were in Frederick County except where otherwise noted
Original Records located at Maryland Land Records (mdlandrec.net)

HS-23, 50-58 - LOWE, BAER/BEAR, BOTELAR - 1844

Henry BOTELAR from Eliza BAER
(This was a land record but had family data.)

Barbara LOWE  d/ intestate

- Elizabeth BAER, now dec'd
.....Eliza BAER
.....Samuel BAER & w/ Fredericka - Lancaster Co, PA
.....Rachel BAER  w/o Jacob BUCHER - Lancaster Co, PA
.....Barbara (BAER) COLE - Lancaster Co, PA
.....Joseph BEAR & w/ Justina - Lancaster Co, PA
.....Isaac BEAR - Lancaster Co, PA
.....Anthony BEAR & w/ Maria - Lancaster Co, PA

LAND - Lot on Market St in Frederick Town; adjoined lot 
of John WINEMILLER.
Previously to John M. LOWE from John MANTZ and purchased 
by Philip LOWE from John RIGNEY, Sheriff and to Barbara 
LOWE from Philip LOWE in 1828.

Eliza conveyed her share to Henry BOTELAR at $58.
The other heirs also conveyed their shares to him at $343.



HS-23, 473-489 - SMITH, FULTON, HUMRICK, VALENTINE, HAPE

John SMITH  vs  Joseph SMITH & Others 
- Equity #1589 - Jul 1837
(This was a land record but had family data.)

Middleton SMITH  died testate
w/ Martha  (see ES-4, 84

s/ Joseph SMITH (see ES-2, 121)

s/ John SMITH of M.  (see TG-4, 658)
.....Mary SMITH

d/ Julianna SMITH
d/ Mary SMITH  w/o Patrick FULTON
d/ Catherine SMITH  w/o George HUMRICK

d/ Margaret (SMITH), dec'd w/o Henry VALENTINE
.....Sevilla VALENTINE
.....Margaret VALENTINE
.....Melancthon VALENTINE
.....William VALENTINE

Exec/ son Joseph SMITH
Witnesses:  Thomas SIN, Mason PARSONS, Malachi BERNARD
(spouses names' not listed in Will)
[Will written 20 Jun 1835]

LAND - parts of "Grove's Purchase, "Spring Plains" and "Joseph's 
Friendship", 155 acres, near Woodsborough.
Exception is 12-13 acres and house where Middleton & his wife then 
lived, but to John after their deaths.
Plat showed tract as "Addition to First Brother" (granted to Robert 
WOOD in 1765) but not "Spring Plains"; showed neighbors to be 
Adam KELLINGBERGER, GILLMORE, P. CARMACK and David 
WAGGONER and by tract, "Chestnut Hill" (surveyed for Col. Joseph 
WOOD in 1782.
- To John SMITH of M. from his father, Middleton SMITH on 
11 Jun1827 by written contract; John to pay $1,000 in notes to George 
FOX and Jacob BEARD and also $150 with interest to Richard ROOT; 
also to collect all the notes Middleton gave to Philip EBBERT of $900.
Previously the tracts were owned by Thomas CHENOWETH.

Guardian for the minor children was David HAPE.
Testimony was heard Sep 1842 from:
- Jacob BEARD - witnessed signatures and claimed Middleton 
  had read out the agreement to John and Joseph and others 
  himself.
- Isaac PFOUTZ - acknowledged Joseph SMITH's signature.
- Joseph SMITH - denied payments were made by John and claimed 
  his father was subject to intoxication and must have signed the 
  agreement under influence; states the Will should overrule the 
  agreement as he felt the Will would not have given John half 
  of the land if there was a known agreement.  
  He also stated there was another 90 acres not in the agreement.
  He also claimed the purchase money for the land was $5,700 
  and he paid a large portion of that from his own funds; said 
  lands purchased from Samuel MEALE, trustee.

Court found in favor of John SMITH of M. and appointed Joseph 
SMITH as guardian of the minor children to make conveyance of 
land to John.

Closed 13 Jul 1844.



HS-23, 489-510 - HANN / HAHN, VANCE, STONESIFER, KUHN, JUSTICE, BIGGS, HAYS

William BIGGS  vs David VANCE & Others 
- Equity Record #1904 - Aug 1841
(This was a land record but had family data.)

Henry KUHN, dec'd 
widow - Elizabeth

s/ Zebulon KUHN
d/ Margaret KUHN w/o ____ JUSTICE, dec'd
d/ Eliza KUHN
s/ Joseph S. KUHN
s/ Henry KUHN Jr.
s/ Jeremiah F. KUHN
d/ Cassandra KUHN
d/ Mary M. KUHN

Monies previously given to Margaret's husband.
(Daughters not listed with surname to indicate if married 
 or not, except for Margaret.)

Exec/ widow
Witnesses:  John MAGILL, Adam WOLFE, G.U. EICHELBERGER
[Will written 15 May 1830]

LAND - tract "Content", 50 acres; and "Graff's Content", 16 acres;
On 22 Aug 1840 Abraham HANN/HAHN issued a contract to Elizabeth 
KUHN, acting exec/of Henry KUHN for the purchase at $9/acre; Zeb 
KUHN as agent and William BIGGS of J. as surety.  Property then 
in possession of Jacob BIGGS as tenant.

Abraham HANN / HAHN of Carroll County, d/ 16 Mar 1841 intestate
(his parents were both living then)

bro/ Daniel HANN - Out of State
bro/ Samuel HANN
bro/ Jesse HANN - Carroll County
sis/ Rachel HANN  w/o David VANCE - Carroll County
sis/ Eve HANN  w/o Levi STONESIFER - Carroll County
sis/ Elizabeth HANN, a minor - Carroll County
sis/ Ann Mary HANN, a minor - Carroll County
---

Abraham HANN/HAHN died before all the monies were paid and on 
26 Aug 1843, judgment was then brought against William BIGGS 
as the surety who then paid Elizabeth KUHN.  BIGGS asked for 
a sale of real estate to reimburse him for the insolvent 
Abraham HANN.

Guardian for Elizabeth and Ann Mary was their brother, Samuel 
HANN.  On 26 Jun 1844, testimony was heard from:
- Francis BRENGLE, atty for Elizabeth KUHN
- Samuel HAHN, brother of Abraham HAHN.
- Cyrus MANTZ - verified signature of Zebulon KUHN, then dec'd.
- Leonard PICKING - handwriting in contract was his.

Trustee was William BIGGS with sureties as Jeremiah MARTIN and 
John B. STIMMELL.  Sale was held Aug 1844 on the premises; high 
bidder was:
- Joseph HAYS at $12.25/acre or $808.50

Distribution:  court costs, $108
- William BIGGS, reimbursement as surety, $688.93
- Balance, $11.57, for further order of the court.
Closed 30 Jan 1845.



HS-23, 510-519 - POLMER/PALMER, ROUTZANG, KELLER, YOUNG, WALLING

Daniel POLMER (PALMER?)  vs  Reps of Adam ROUTZANG, dec'd 
- Equity #1725 - Oct 1840
(This was a land record but had family data.)

Adam ROUTZANG  died intestate
widow - Elizabeth

d/ Caroline ROUTZANG  w/o Ezra KELLER
d/ Elizabeth  w/o Peter YOUNG
s/ Elias ROUTZANG, a minor
d/ Elmira ROUTZANG, a minor
d/ Amanda ROUTZANG, a minor
---

LAND - "Land of Promise", 18 acres; 
To Daniel POLMER from Jacob JOHNSON (w/ Catharine) on 7 Mar 1835 
at $1,798.75 under agreement to convey title to Adam ROUTZANG until 
payment made by POLMER to ROUTZANG for loan; however, ROUTZANG 
died before the land was conveyed to POLMER.

Jacob JOHNSON was guardian.  Testimony was heard 25 Jan 1841 
at the Tavern of James WALLING in Frederick from:
- Elizabeth ROUTZAHN

Madison NELSON was appointed trustee to convey the land to Daniel POLMER.
Closed 4 Feb 1841



HS-23, 519-532 - HARPER, WHEELER, SLAVES, NELSON, TINGSTRUM, BECK

Robert NELSON  vs  John B. SNOUFFER, adm/of Francis HARPER
- Equity #1770 - Nov 1841
(This was a land record but had family data.)

Robert NELSON obtained three judgments against Francis HARPER.

Francis HARPER  d/ Oct 1841, intestate, unmarried, 
a free colored man

sis/ Serena HARPER (free) w/o Henry WHEELER (a free black man)
     of Baltimore County
bro/ Henry HARPER (free) - New Orleans, Louisiana
bro/ AndreW HARPER (slave)
bro/ William HARPER (slave)
bro/ Airy HARPER (slave)
sis/ Cassandra HARPER (slave)

LAND - "New Bremen", 11+ acres; about 4 miles from Buckeystown 
and lies on "Mutton Hill"; adjoined "Carrollton Manor".
Improvements of a stone house and a spring.
To Francis HARPER from B. Amos CUNNINGHAM, trustee in Estate 
of Peter TINGSTRUM, in Deed of Bargain and Sale in Aug 1835 at $190.

The land can only descend to Francis' free sister and brother.

Robert NELSON was trustee.  After two failed sales, a third 
Sale was held 28 Feb 1844 at the Hotel of Benjamin GILBERT in Frederick; 
high bidder was:
- Edward BECK at $165

Distribution:  court costs, $64.91
- Robert NELSON, claims (of $127.75), $100.09
Closed 19 Jun 1844.



HS-23, 532-539 - NEFF, SHIPLEY, BOWERS/BROWN, PALMER

Andrew NEFF 
- Petition - Equity #1872 - Mar 1843
(This was a land record but had family data.)

Henry NEFF  d/ 1829 (Will 29 Nov 1815; 13 Apr 1829)
widow - Elizabeth  d/ Mar 1843

s/ Andrew NEFF 
d/ Susanna NEFF  w/o Samuel SHIPLEY
s/ Jacob NEFF
d/ Elizabeth NEFF  w/o Henry BOWERS / BROWN?
s/ John NEFF, since died intestate, w/o issue
s/ Daniel (David) NEFF
s/ Francis NEFF (or daughter, now Francis ERTHDAY ?)

Exec/ son Andrew NEFF
Witnesses:  John DERR, John MARKER, Joseph MILLERY
---

LAND - 135 acres, in Middletown Valley, 7 miles north of Middletown 
near Jacob PALMER's Mill, adjoining the lands of George PALMER 
and Jacob PALMER.
Improved with three houses, a barn, apple orchard and a spring in almost 
every field; 40 acres in timber and the rest in meadows.

Andrew NEFF was trustee with sureties as Jacob YOUNG of D., Thomas 
SPRINGER, and Jacob T.C. MILLER.

Sale was held 10 Aug 1843 on the premises; high bidder was:
- Henry BROWN at $3,875

Distribution:  court costs, $184.98
- Andrew NEFF, 1/6, $615
- Susan SHIPLEY, 1/6, $615
- Daniel NEFF, 1/6, $615
- Francis NEFF, 1/6, $615
- Elizabeth BOWERS, 1/6, $615
- Henry BOWERS (purchase of Jacob NEFF's share), 1/6, $615
Closed 17 Apr 1845.



HS-23, 539-549 - HARTSOCK, NORRIS, TYLER, ROOP, RUNKLES

Henry HARTSOCK 
- Petition to Sell Real Estate - Equity #1719 - Jul 1840
(This was a land record but had family data.)

Washington HARTSOCK  d/ 1840, intestate

bro/ Ephraim HARTSOCK
bro/ Henry HARTSOCK
bro/ John A. HARTSOCK
sis/ Elizabeth HARTSOCK  w/o Nelson NORRIS - Carroll County
bro/ Mordecai HARTSOCK - Out of State
bro/ Noah HARTSOCK - Out of State
sis/ Anna HARTSOCK, a minor
sis/ Catharine HARTSOCK, a minor
bro/ Joseph HARTSOCK, a minor

Washington HARTSOCK was indebted to Henry HARTSOCK for $4,000.

Guardian for the minor children was Samuel TYLER.

Trustee was Henry HARTSOCK with surety as Jacob ROOP.  
Sale was held 28 Aug 1841 on the premises (no deed or sale notice provided 
to describe the real estate); high bidder was:
- Jacob ROOP for 127 acres at $3,555
- Samuel RUNKLES for 22 1/2 acres at $146.21
Total sales, $3,701.21

Distribution:  court costs, $189.91
- Henry HARTSOCK, partial claim, $3,511.30
Closed 14 Mar 1842



HS-23, 549-560 - SHRYOCK, WILSON, HEWETT, GEESEY, BERNARD

William HEWETT and Adam WILSON & w/ Mary Ann 
- Petition to Sell Real Estate - Equity #1789 - Oct 1841
(This was a land record but had family data.)

Jacob D. SHRYOCK, dec'd 
widow - (not named; died after husband, but before petition)

s/ George W. SHRYOCK
d/ Mary Ann SHRYOCK  w/o Adam WILSON
s/ Jacob V. SHRYOCK, a minor
s/ Christian D. SHRYOCK, a minor
d/ Louisa E. SHRYOCK, a minor
s/ Lewis H. SHRYOCK, a minor
d/ Lucretia M. SHRYOCK, a minor

LAND - "The End of Trouble", 15+ acres, on the north bank of Fishing Creek.
To Jacob D. SHRYOCK from William BERNARD (w/ Prudence) in 1826; 
allows Jacob GEESEY and heirs to carry water to the race and dam to supply 
the mill and tilling hammer works 
(witnessed by Jacob CRAMER and Samuel DUVALL).

- parts of "No Help for My Loss" and "The End of Trouble", 69+ acres, on the 
west side of road from Frederick to Creagerstown; adjoining lands of Daniel SNOOK.
To Jacob D. SHRYOCK from Caspar MANTZ in 1832.

William HEWETT purchased the share of George W. SHRYOCK for $160 in Oct 1840 
and also the share of Mary Ann and Adam WILSON.

Guardian for the minors was Valentine SHRYOCK.
Testimony was heard 28 Dec 1841 from:
- Valentine SHRYOCK

Trustee was Valentine SHRYOCK with surety as George BECKENBAUGH.  
SALE was held 5 Feb 1842 at Utica Mills; 
high bidder was:
- William HEWETT at $1,120

Distribution:  court costs, $100.51
- each 1/7 share to children, $145.64
(William HEWETT receiving the shares of George W. SHRYOCK and 
  Mary Ann WILSON)
Closed 7 Mar 1842.



HS-23, 561-581 - BRASHEAR, WOOTTEN, WORTHINGTON, DAVIS, MOBBERLY, SLAVES, PITTS

Thomas C. BRASHEAR  vs  E.C. WOOTTEN & Others - May 1839
(This was a land record but had family data.)

Dr. Belt BRASHEAR  d/ 1 Nov 1834 
widow - Ann  d/ Jan 1839 (her Will appointed son Thomas as exec)

d/ Elizabeth Cook BRASHEAR  w/o Singleton WOOTTEN
d/ Ann BRASHEAR  w/o Charles WORTHINGTON of James

d/ Sarah Cook BRASHEAR (d/ Mar 1839) w/o Dr. Richard W. DAVIS
......Louisa DAVIS, a minor - Washington County

s/ Thomas Cook BRASHEAR
d/ Louisa M. BRASHEAR  w/o Dr. Eldred W. MOBBERLY 

SLAVES - negro woman FLORA and her three children, CLEM, 
         LEWIS and MARY JANE (to son Thomas C. BRASHEAR)

Exec/ wife Ann BRASHEAR
Witnesses:  William R. FOULKE, John SMITH, N.H. PITTS
[Will written 8 Sep 1832]

Many parts of estate were sold by the executrix to pay off debts.

LAND - "Perplexity", 203 acres; 
(includes "Dorsey's Partnership", 110 acres; "Pleasant Valley", 66 acres; 
and "Croucher's Chance", 13 acres).
To Belt BRASHEAR from Samuel BOGGESS (w/ Elizabeth) in Dec 1801.

- "New Market Plains", 27 acres.
To Belt BRASHEAR from Nicholas HALL (w/ Jane) in Oct 1808.

Administrator was Thomas C. BRASHEAR with sureties as N.H. PITTS 
and John PITTS.

Guardian for the minor was Abner CAMPBELL.
Testimony was heard 29 July 1839 from: 
- John S. PITTS

Trustee was Singleton WOOTTEN with sureties as Thomas C. BRASHEAR 
and Harry W. DORSEY.  Sale was held 31 Aug 1839 at the house of William 
WERTENBAKER in New Market; high bidder was: 
- Thomas C. BRASHEAR at $3,200

Distribution:  court costs, $44.40
- Thomas C. BRASHEAR, legacy from father's Will, $2,000
- Thomas C. BRASHEAR, 1/5, $231.11
- E.C. WOOTTEN, 1/5, $231.11
- Ann WORTHINGTON, 1/5, $231.11
- Louise MOBBERLY, 1/5, $231.11
- Louisa DAVIS, 1/5, $231.11
Closed 26 Oct 1843.



HS-23, 581-598 - HEIM, CASTLE, MILLER, LAMBERT, CULLER

David HEIM  vs  Elias HEIM & Others - Feb 1841
(This was a land record but had family data.)

David HEIM  d/ c1840 (Will)

s/ Elias HEIM
s/ John HEIM
s/ Louis HEIM
d/ Caroline HEIM  w/o James T. CASTLE
d/ Ann HEIM  w/o John F. MILLER
d/ Mary HEIM  w/o Joseph LAMBERT
s/ David HEIM (Jr) b/ 21 Sep 1816

Administrator was David HEIM with sureties as Andrew HEIM and Jospeh 
LAMBERT.

LAND - parts of "Resurvey on Hazell's Thicket" and "Resurvey on Mount Pleasant" 
and "Content", 60 acres; adjoining lands of Henry CULLER.
To David HEIM from Andrew HEIM & w/ Mary in Nov 1839 for $1,800.

The siblings of David HEIM (Jr) protested his claim of 12 years of earnings due him 
and stated he had received housing and board and other benefits during that time.

On 22 Jan 1842, testimony was heard from:
- Andrew HEIM - claimed David Jr had stayed on his father's farm and had 
  worked it for the past 12-13 years, but hadn't heard anything about an account 
  against David Sr before his death.  Claimed there was no deed to the land until 
  3-4 days before the Will was written, which David Sr had purchased from his 
  father, originally 160 acres, but hard times left him with 60 acres.
- Peter HARGATE - claimed David Jr had lived with his father the past 12 years, 
  but didn't know what the terms were.
- James CASTLE - claimed David HEIM Jr had gone to PA for six months 
  of the 12-year period, but otherwise lived with his father; however, most 
  of the time he stayed around the tavern.  Claimed that David HEIM Sr spoke 
  of having given his son John a little more than the others and that he couldn't 
  give him a horse that he wanted because he intended to make all of the children 
  equal, this in 1830-1831.  He didn't know if Jr was receiving wages from his 
  father or what the terms were.
  Claimed David Sr had complained about paying bills for David Jr.

Trustee was David HEIM with surety as Andrew HEIM.
Sale was held 17 Aug 1844; high bidder was:
- Henry CULLER at $900

Distribution:  court costs, $242.56
- David HEIM Jr, 60% of claim, $652.56
- Jacob MARKEL, 60% of claim, $4.88
Closed 9 Jan 1845.



HS-23, 599-609 - JAMISON, WILLEY, BOONE, LYNCH, WOOD, GARROTT, ORTMAN, EMMERT

JAMISON  vs  JAMISON - 1838
(This was a land record but had family data.)

Baker JAMISON  d/ 1837, intestate

d/ Ann JAMISON
s/ Joshua JAMISON
s/ Henry JAMISON
d/ Teresa JAMISON
d/ Susannah JAMISON
d/ Mary Jane JAMISON
d/ Catherine JAMISON, a minor (age 18)
s/ Sylvester Baker JAMISON, a minor (age 14)

LAND - parts of "Maryland Tract" and "Paynes Delight", 17+ acres, 
To Baker JAMISON from William M. BEALL, Esquire, Sheriff in Estate 
of John WILLEY in Sep 1821.

- "Hawkins Merry Peep of Day" and "Paynes Delight" and "Merryland Tract", 
   12+ acres
- "Society Island", 15+ acres, an island in the Potomac River, being 1/4 undivided 
   part of estate of John WILLEY.
To Baker JAMISON from Thomas W. MORGAN, Esquire, Sheriff from Estate 
of John WILLEY (to him from Philip STRIDES) in Jun 1822.
An 8-acre portion was condemned by an Inquisition by the Chesapeake & Ohio 
Canal Company for their use in 1832.

- "Society Island", 63 acres, 1/4 part (1/2 of Philip STRIDES' half), in Potomac 
River where the Canal and the Rail Road both intersect and a Depot is about to 
be established there.
Previously to Jacob WALTMAN and Philip STRIDES by patent in May 1818 
[JB-E, 178; also ref Deed JS-8, 418, STRIDES to JAMISON].
To Baker JAMISON, Lingan BOTELER, Hernry JARBOE and Joseph HARRIS 
from Philip STRIDES in Mar 1819.

Guardian was Robert BOONE.  On 16 Jan 1839, testimony was heard from: 
- Robert BOONE

Trustee was Edward A. LYNCH.  
1st Sale listed (without details) brought $973
2nd Sale
- James E. WOOD for Lot #27 at $20.62
- James E. WOOD for Lot #33 at $14
- Barton GARROTT for Lot #34 at $14.37
- Thomas ORTMAN for Lot #35 at $30.37
- John ORTMAN for Lot #31 at $134
- Thomas EMMERT for Lot #32 at $600
- Thomas EMMERT for small unnumbered lot at $11.50
Total sales, $824.87.

Distribution of $1,794.91; court costs, $157.57
- each 1/8 share to the children, $208.41.

Closed 20 May 1841  (Supplemental at ES-1, 584)



HS-23, 609-610 - BARGER, LYNCH, LOWE

Thomas F. BARGER 
- Petition for Title - Oct 1843  
(This was a land record but had family data.)

Thomas F. BARGER purchased real estate from Edward A. LYNCH, 
Esquire and trustee, in Feb 1839 for $45.91; however, Lynch 
died before the deed was conveyed.

LAND - Lot #28 in Knoxville, 1+ acre.

Enoch Louis LOWE was appointed trustee to transfer the deed.

Closed 16 Dec 1843.