Frederick County, Maryland

Equity HS-9

These are abstracts from Equity Court Records of Frederick County, Maryland, Liber HS-9; 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)

1-10 - YAGER, KELLER - Mar 1844

Evangelical Lutheran Church - Petition to Change Trustee

Charles YAGER  d/ Feb-Mar 1836 w/o issue 
(will 9 Feb 1836; 16 Mar 1836) - cabinet maker, Frederick City
widow - (d/ abt Apr 1839)

sis/ Christiana D. YAGER
sis/ Anna Mary YAGER

- Jacob KELLER in trust for Lutheran Church in Frederick
after death of widow and until the sisters or their 
descendants claim property.

Exec/ Jacob KELLER, neighbor and rope maker.
Witnesses:  David SCHAEFFER, Jacob KEEFER, Philip REICH

Church treasurer was George BECKENBAUGH.  No claim has
ever been made by the sisters of Charles YAGER.  On 6 Jun 
1844, deed of trust to the church was approved, releasing 
Jacob KELLER.


10-32 - MAGRUDER, RIDDLEMOSER, BOWLUS, HERRING, CASTLE - Mar 1842

Thomas CASTLE vs Henry MAGRUDER

Thomas CASTLE and John R. MAGRUDER were sureties on notes
for Henry MARTEAUX/MARTENY (w/ Margaret), payment to George 
LOCKER.  After unpaid notes expired, Castle and Magruder 
made payments.  One of the notes was paid to Henry NYMAN, 
the assignee.  To save Castle and Magruder from harm, 
Marteaux signed over a deed of trust to them for properties 
in Frederick and Washington counties.  Before the sale and 
conveyance of deed,

John R. MAGRUDER  d/ c1841-1842

s/ Henry MAGRUDER
s/ Hezekiah MAGRUDER
d/ Elizabeth (Magruder) w/o Samuel D. RIDDLEMOSER
d/ Sarah Ann M. (Magruder) w/o Isaac BOWLUS
s/ John Arthur MAGRUDER - Washington County
s/ Edward MAGRUDER - Tennessee
s/ Elias MAGRUDER - Tennessee

Land - "Mount Atlas", 50 acres of mountain land in
Washington County.  (to Marteny from David HESS).
- "Oxford", and "Christian's Folly", in Frederick County;
(to Martena from Abraham LEMASTER). 

Trustee was Edward A. LYNCH; in Oct 1842, Lynch requested
William Meade ADDISON be substituted as trustee.  The high
bidder was Samuel D. RIDDLEMOSER; however, Addison requested
a new sale because he had learned Riddlemoser had spread the
word the sale was a day later than the actual sale and also
he had not complied with the terms of the sale.  Addison
then requested Mountjoy B. LUCKETT, esquire, be made trustee
as Addison was moving to Baltimore.

The new sale was held at STEVEN's Tavern in Middletown on 
11 Apr 1844; sale of the 50 acres went to Samuel D. RIDDLE-
MOSER and John HERRING at $262.50.  However, Thomas CASTLE
opposed the sale stating, if further advertising had been
done, a better price could be obtained.  On 29 Aug 1844,
another sale was held in Middletown, Thomas CASTLE was 
high bidder at $300.

Distributions:  Thomas CASTLE, $12.08; each 1/7 to the
children of John R. MAGRUDER, $1.72; closed 30 Jan 1845.

  
32-50 - WHITE, SELLMAN, COOLEY, BENNETT, HODGES, SMITH, PURDOM, 
    SEDGWICK, WATERS, RICKETS, HOWARD - 1844

Warner SELLMAN vs Estate of Ursula WHITE - Title

John WHITE of Montgomery County, d/ c1830
widow - Ursula (Southern part as dower)

Land - in both Frederick and Montgomery Counties,
near Barnesville;
- "Elysian Fields" and "Staley", 140 acres (widow's).
The southern part of 159 acres went to John GLISSAN, 
Nacy WATERS of N. (w/ Harriet S.), and Charles Walter 
HODGES (w/ Rebecca), all of Ohio, in 1830.

Ursula WHITE sold her part of estate to Warner
SELLMAN on condition of life estate; however,
she died before deed ws conveyed.

Ursula WHITE  d/ 1838 - her children and grandchildren,

- Eleanor  w/o John COOLEY - Montgomery County

- ________ w/o John SMITH - Montgomery County
.....Charles Thomas SMITH, a minor - Montgomery County
.....Esther Eleanor SMITH, a minor - Montgomery County
.....Mary Elizabeth SMITH, a minor - Montgomery County
.....George Washington SMITH, a minor - Montgomery County
.....Harriet Ann SMITH, a minor - Montgomery County

- John W. BENNETT - Out of State
- Edny  w/o Henry COOLEY - Montgomery County
- Matilda A.  w/o Thomas HODGES - Montgomery County

.....granddaughter  w/o Bazel RICKETS
.....---John W. RICKETS, a minor
.....---Matilda Ann RICKETS, a minor
.....---Mary Elizabeth RICKETS, a minor

- Eleanor  w/o Benjamin SEDGWICK
- Ann  w/o William SEDGWICK - Out of State
- Rebecca  w/o Charles HODGES - Out of State

- John PURDOM - Out of State
- James PURDOM - Out of State
- Jesse PURDOM - Out of State

- John W. WATERS, a minor - Out of State
- Harriet Matilda  w/o Warner SELLMAN

Guardian of the Smith children was their father;
on 12 Sep 1844, testimony was heard at the house 
of Elisha HOWARD in Frederick County, witness was 
William PEARRE, age 53.  Deed granted to Sellman;
closed 30 Oct 1844.


51-80 - COOK, LONGSTRETH, MIDDLETON, ERTER, KRANTZ, DIXON, MARELAY, 
    WILSON, MAYBERRY, DEVERS, WIEDRICK - Feb 1842

Charles COOK and Morris LONGSTRETH and w/ Mary Elizabeth

John COOK of Philadelphia  d/ May 1828 (will 5 Feb 1828; 2 Jun 1828)
widow - Lydia B. and 7 children

s/ Thomas W. CoOK (d/ bef Aug 1841)
d/ Mary Elizabeth (age 36*) w/o Morris LONGSTRETH
s/ Elisha P. COOKE (age 35*, incompetent) - Philadelphia
   (in PA Hospital for insane, single)
s/ John COOKE (age 32*) - Out of State
s/ Barton COOKE (age 30*) - Out of State
d/ Lydia C. (age 27*) w/o Joseph MIDDLETON - Out of State
s/ Charles COOKE (age 22*) - Montgomery Co, PA

* (ages as of Aug 1841, John COOKE was then in Europe
and Barton was in 'Western County')

sis/ Magdalena ERTER  d/ Oct 1841 - her children
.....John ERTER
.....Catharine (Erter) KRANTZ 
.....Sophia (Erter) DIXON

niece - Barbara MARELAY near Frederick Town
..........her daughter

niece - Catharine WILSON  d/ Oct 1841 - her children
..........Eliza WILSON
..........Jess WILSON

niece - Ann MAYBERRY

- Alice DEVERS - (lived with his family)

- Gave wife Lot #147 on Mulberry St, Philadelphia where
he then resided, stable and carriage house in Appleton 
Alley which he then occupied, and annuity payments
yearly.  
- Thomas received income of rents; 
- Elisha received farm near Frankforth in Philadelphia 
of 53 acres plus stock and $7,000; to John, eastern
half of lot in Philadelphia on north side of Mulberry 
St, 1/4 of a half lot in Penn Twp, a tanyard on west 
Philadelphia on north side of Chestnut, stock and 
$12,800.   
- Barton received western half of lot on Mulberry St,
a 3-story brick house and lot with stable on south end
in West Philadelphia on south side of Heigh St, stock
and $14,000.
- Charles received lot on west side of Delaware and
Sixth St in Philadelphia with house and alley by
Sassafrass St, also half of lot in Penn Twp on east
side of John St and undivided half of farm in Derry
Twp, Northumberland County, PA, 208 acres; also 1/4 
of half lot on south side of Callowhill, stock and 
$9,200.
- to Mary, the southern side to two small houses on
Delaware and Third St and 1/4 of half lot in Penn
Twp on south side of Callowhill St; ground rent,
stock and $9,000.
- to Lydia, northern part of two small houses on 
Delaware Third St and 1/4 of half lot on south side 
of Callowhill St, ground rents, stock and $8,100.
- to sell small county seat near Frankfort used as
a summer home and to sell the farm near Frederick
Town in Maryland for his sister and nephew and
nieces.

Exec/ Thomas WISTAR, Bartholomew WISTAR, Israel
MAULE and George VAUX.
Witnesses:  James C. COPPER and John SITER Jr.

Land - "Resurvey on Dispatch", "Kemp's Delight" 
(conveyed by Lodowick KEMP to Christian KEMP in 1784), 
"Addition to Wolf Pit" and "Hove's Patience", 144 
acres, to John COOK of Philadelphia from George 
ERTER in 1811 (to Henry ERTER from David KEMP in 
1807 and to George ERTER from the will of Henry ERTER);
located 3 1/2 miles from Frederick, adjoining lands of 
Christian KEMP's heirs, Henry ZIMMERMAN; it has three
springs, a 2-sotry log dwelling, log barn, two log 
tenements, smoke house, spring house and a good orchard.
- "Heufinehart", 8+ acres, (from Jacob GETZENDANNER 
to George ERTER in 1809); exception was 1/2 acre for
a graveyard.

Cook issued a lifetime lease of the property to his
sister, Magdalena ERTER.  Cook's Philadelphia will is 
invalid in Maryland as there were only two witnesses.

Charles COOKE was trustee for his brother, Elisha.
It was requested Lydia's money be kept from the
control of her husband.

Trustee was Frederick A. SCHLEY; on 14 Jan 1843, sale 
was held at tavern of Benjamin GILBERT in Frederick 
city; high bidder was Jacob WIEDRICK for 144 acres at 
$6,502.50/acre.

Distribution:  John COOK's surviving six children
received $750 each (of $4500); to Magdalena ERTER's
children, each received $572.71 (1/3 of $1,718.15).
Closed 18 Nov 1843.


80-113 - BALLINGER, WATERS, BROWN, UPDEGRAFF, RHEAM, SWAYN, PRICE, 
    PLUMMER, RICE - c1842

Estate of Mary BALLINGER

Cassandra BALLINGER, dec'd (will filed 7 Aug 1820)
(Pioneers of Old Monocacy list her as 
  d/o Samuel and Sarah PLUMMER and w/o William, 
  s/o the pioneer Henry BALLINGER)

d/ Rachel BALLINGER, dec'd (will filed 6 Nov 1822)
  (she left 1/2 of her 1/7 to surviving siblings;
   1/4 to Henry B. WATERS, 1/4 to Ulysses WATERS)

d/ Sarah  w/o Isaac? BROWN - Out of State
...William H. BROWN
   (Samuel BROWN is assignee of Sarah and Isaac Brown
     and lives in Winchester, Frederick Co, VA)

d/ Mary BALLINGER*

s/ William BALLINGER - Jefferson Co, Ohio
...Edith PRICE
...Samuel BALLINGER
...Mary BALLINGER
...Rebecca BALLINGER
...Cassandra, dec'd w/o Nathan? UPDEGRAFF
------William UPDEGRAFF
------David UPDEGRAFF
------Ann UPDEGRAFF
------Mary UPDEGRAFF
------Lewis Walker UPDEGRAFF

d/ Hannah BALLINGER

d/ Elizabeth BALLINGER

s/ Henry BALLINGER - Meigs Co, Ohio

d/ ________ WATERS, dec'd
  (FCML shows Ann BALLINGER to Josiah WATERS on 2 Feb 1796)
...Ulysses WATERS  
...Henry B. WATERS - Out of State
...Sarah  w/o George RHEAM
------John E. RHEAM
------George W. RHEAM
------Esther Ann RHEAM
------Ann Maria RHEAM


Mary BALLINGER*, dec'd (will 23 Dec 1839; 8 Feb 1842)

niece/ Mary BALLINGER, d/o bro/William BALLINGER
   (she was also given the bible)
niece/ Margaret SWAYN (maybe d/o sis/Sarah BROWN??)
nephew/ William H. BROWN
nephew/ Ulysses WATERS

- Sarah RHEAM
- John E. RHEAM
- George W. RHEAM
- Esther Ann RHEAM
- Ann Maria RHEAM

bro/ William BALLINGER's children
.....Edith PRICE
.....Cassandra UPDEGRAFF, dec'd, to her children
.....Samuel BALLINGER
.....Mary BALLINGER
.....Rebecca BALLINGER

Exec/ Ruth PLUMMER and cousin William FARQUHAR;
witnesses:  Caleb OGBORN, Samuel STEPHENS, George HUGHES.

Land - Lot #29 (front lot on Main St) and #96 (back lot 
adjoining) in New Market (Mary's residence), a 99 year 
lease, from Nicholas HALL Sr. (his heir, Elizabeth PITTS, 
to collect rents) of Anne Arundel County in 1793, transferred
lease from Henry M. SNYDER and w/ Almeda in 1841; house was
2-story weatherboard with 4 rooms and good cellar, a shed
w/ back room and brick kitchen, a well near the door, a milk
house, wood house, garden; back lot has apple orchard.
- "Hickory Plains" and "Covenient", 24 acres, 2  miles south
of New Market (her part of mother's estate), has water on
SW corner, next to Ulyssus WATERS and Henry SMITH.

Willaim FARQUHAR died before testatrix and Ruth PLUMMER
declined the duties.  After the death of William FARQUHAR, 
George HUGHES was appointed administrator.

On 8 Apr 1843, sale was made to
- Mary BALLINGER for 24 acres at $192
- James RICE for house and lot at $526
total sales, $718.

Legacies to Bush Creek preparative writing, $50; Margaret 
SWAYN, $50; William H. BROWN, $50; Sarah RHEAM, $20; John 
E. RHEAM, $10; George W. RHEAM, $10; Esther Ann RHEAM, $20; 
and Ann Maria RHEAM, $20.
Distribution of balance:  1/5 each to William BALLINGER's 
children, $43.37 (Cassandra UPDEGRAFF's 5 children each 
received $8.67).  Closed 9 Mar 1844.


113-124 - FISHER, HUNTER, DIXON, KELLY - Jan 1844

Estate of Michael FISHER

Michael FISHER  d/ 1835 (will 4 Aug 1831)

s/ George FISHER
d/ Catharine FISHER
d/ Julianna  w/o John HUNTER
d/ Susanna FISHER
s/ Michael FISHER Jr (d/ after father, w/o issue)
d/ Mary  w/o Thomas DIXON

The will only included two witnesses and transfer of
real estate required three; therefore, it was treated
as if there wasn't a will; Administrator was J. B. THOMAS.

Land - "Spring Branch", 7+ acres, (part of "Resurvey on
Hazzard"), from William Rawlens KING and w/ Eleanor and
Richard HEBB and w/ Ann (latter from Washington County).

Trustee was M. B. LUCKETT.  On 26 Feb 1844, private sale
was made to James KELLY at $300.

Distribution of the first $200 after court costs:  each
1/5 share (for surviving children), $25.61; closed 25 Mar
1844.


124-137 - JOHNSON, BULKLY/BUCKLEY, HILLEARY, SHIPLEY - 1844

William HILLEARY vs Estate of Joseph A. JOHNSON - Title

Joseph A. JOHNSON  d/ 1835
widow - Eleanor and 5 children

d/ Anne E.  w/o Olcott BULKLY (BUCKLEY?) - VA
d/ Rebecca JOHNSON, a minor
s/ William H. JOHNSON, a minor
s/ Thomas R. JOHNSON, a minor
d/ Henrietta JOHNSON, a minor

Land - "Oversight", 54 1/2 acres, (from parts of 
"Stoney Hive", "Alps" and "Boadly's Fancy", surveyed 
in 1832 and part from patent), located on SE side of 
Sugar Loaf Mountain, adjoining lands of Alexander 
PEARRE and Patrick MURPHY.
In 1833, William HILLEARY purchased land from Johnson 
but died before conveyance.

Guardian was Nicholas H. SHIPLEY; testimony from Daniel 
DUVALL.  The trustee, Samuel TYLER, was appointed to 
transfer deed to Hilleary; closed Jul 1844.


137-145 - BRENGLE, LYAS - 1843

Rachael LYAS - Petition for Title

Daniel BRENGLE  d/ May 1842

d/ Virginia E. BRENGLE, a minor
s/ John W. BRENGLE, a minor
s/ Robert BRENGLE, a minor
d/ Fanny C. BRENGLE, a minor

Executor, guardian and trustee for conveyance was
Lawrence J. BRENGLE who also gave testimony.

Rachael LYAS bought property in Fredericktown from
Daniel BRENGLE, but he died before the conveyance.
Brengle was conveyed the property from Mark BISHOP
as exec/of Margaret GOINGS in 1838.


145-163 - BLICKENSTAFF, HARNE, RILEY, GROSSNICKLE, YOUNG, 
    HARBAUGH, BUZZARD - 1843

Samuel G. HARBAUGH vs Estate of DAniel BLICKENSTAFF

Daniel BLICKENSTAFF  d/ Aug 1843

d/ Elizabeth  w/o Henry L. HARNE
d/ Mary BLICKENSTAFF, a minor
s/ Daniel BLICKENSTAFF Jr, a minor

Land - 2 acres, from Thomas W. RILEY in 1842.  Riley assigned
the mortgage to Samuel G. HARBAUGH.

Testifying was Peter GROSSNICKLE Jr; guardian was John YOUNG.

Trustee was Georg BOWLUS; after unsuccessful public sales, he 
made private sale to John W. BUZZARD on 7 Dec 1844 at $250.  
Proceeds still short; closed 6 Mar 1845.
 

163-183 - HYDE, HARVEY, CARR, REA, KENNEDA, SHORB, St Joseph's - 1841

George HYDE of Philadelphia, PA - Sale of Real Estate

_________ HYDE  d/ c1835 - Philadelphia, PA
widow - Catharine

s/ George HYDE
s/ William HYDE  d/ Oct 1841 intestate, a minor w/o issue
s/ Henry HYDE, a minor (Dr. James A. SHORB, now guardian)

The children were then minors and Morgan CARR was their 
guardian, he also of Philadelphia.  Carr invested the money
he held as guardian for the Hyde children by purchasing
real estate in Frederick Co, MD. 


Morgan CARR  d/ 1840 - Philadelphia

s/ William CARR
d/ Matilda  w/o Washington REA
s/ James M. CARR
s/ Lewis CARR
s/ Morgan CARR Jr
d/ Henrietta CARR
d/ Jane  w/o James KENNEDA


In 1841, George HYDE had decree of court issue deed in names 
of George HYDE and Henry HYDE by James A. SHORB as trustee
from the heirs of Morgan CARR.  Their brother was then deceased 
and Shorb was also his Administrator.

Land - near Emmitsburg; from George GROVER and w/ Nancy A. and
Michael WISE and w/ Elizabeth to Morgan CARR of Philadelphia as
guardian in 1835.

The widow Catharine, now w/o James C. HARVEY of Frederick Co, MD
- their 3 minor children
d/ Eliza G. HARVEY
d/ Margaret M. HARVEY
d/ Mary C. HARVEY

The widow petitioned that she have rights to the 1/3 share of
her deceased son, William.  She claimed Carr was not authorized
in Maryland to act as guardian and was not authorized to invest
the monies in real estate.  She asked this share be secured by
a trustee to prevent her present husband from squandering the 
monies so she and her younger children could have some provision.

Testimony from George M. EICHELBERGER, esq; trustee was James A.
SHORB who made private sale to Sisters of Charity at Saint Joseph's
at $4,000.

Distribution:  each 1/3 share, $1,270.71; George received his share
and the other two shares went to Shorb as guardian for Henry and
trustee of William's estate; closed 12 Jan 1843.


183-197 - BAER, THOMAS, MYERS, OGLE, BRENGLE, DAVIS, GETZENDANNER, 
    HOUSER, MALAMBRAY - Feb 1838

Estate of George BAER Jr.

George BAER Sr., dec'd (will 10 Jan 1801)

s/ George BAER Jr.  d/ 1834 intestate, w/o issue

s/ John BAER, now dec'd

d/ Susannah THOMAS, now dec'd
.....Michael THOMAS
.....Henry THOMAS
.....Valentine THOMAS
.....Catharine MYERS
.....Susannah (Thomas) w/o John OGLE
.....William THOMAS, dec'd
--------William THOMAS
--------Catharine THOMAS
--------Caroline (Thomas) w/o Daniel BRENGLE

s/ Henry BAER

s/ William BAER, since died intestate
.....John BAER, died intestate
--------Catharine BAER - Out of State
--------Elizabeth BAER - Out of State
--------Margaret BAER - Out of State
--------Robert BAER - Out of State
--------Hammilton BAER - Out of State
--------Warren BAER - Out of State
--------Ann R. (Baer) w/o Richard T. DAVIS - Baltimore

d/ Mary GETZENDANNER, sinced died intestate
.....Adam GETZENDANNER
.....Charles GETZENDANNER
.....Solomon GETZENDANNER
.....Ely GETZENDANNER
.....Elizabeth (Getzandanner) HOUSER, dec'd
--------Christian HOUSER - VA
.....George GETZENDANNER, dec'd
--------Mary Ann GETZENDANNER, a minor

d/ Catharine (Baer) w/o John MALAMBRAY

Land - Lot in Frederick, opposite the Alms House; previously 
from Anthony STOKE.

Guardian for Mary GETZENDANNER was John MALAMBRE;
trustee was Henry BAER.  Sale went to Charles 
GETZENDANNER at $702.
Distribution:  Henry BAER $151.98; Susannah THOMAS' 
children, $25.33 each (grandchildren, $8.44 each);
William BAER's grandchildren, $21.71 each; Mary
GETZENDANNER's children, $21.71 each; closed 12 Jul 1838. 


198-226 - ZIMMERMAN, STULL, GILDZ, SNOOK, RAMSBURG, HOFFMAN, 
    HOLTZ, BURKHART, BLICKENSTAFF - Oct 1843

Estate of Nicholas ZIMMERMAN

Nicholas ZIMMERMAN, dec'd (will 9 May 1826; 26 May 1826)
widow - Elizabeth  d/ Nov 1842 and 13 children

s/ Jacob ZIMMERMAN
s/ Michael ZIMMERMAN
s/ J. Nicholas ZIMMERMAN
s/ John ZIMMERMAN
s/ David ZIMMERMAN
d/ Margaret  w/o Adam STULL
d/ Susanna  w/o John STULL Jr.

s/ George ZIMMERMAN (d/ after mother, intestate)
...w/ Mary Ann and minor children
......Elijah F. T. ZIMMERMAN
......Oliver T. ZIMMERMAN
......Ann R. ZIMMERMAN
......Marietta ZIMMERMAN
......Lewis M. ZIMMERMAN
......other children previously died young

d/ Catharine GILDZ, dec'd
......Nicholas GILDZ
......Catharine (Gildz)(a minor) w/o Simon SNOOK
......other child died young

d/ Anna P. RAMSBURG, dec'd
......Edward RAMSBURG, a minor

d/ Elizabeth ZIMMERMAN (died single, w/o issue)
d/ Ann Maria ZIMMERMAN (died single, w/o issue)
s/ Christian ZIMMERMAN (died single, w/o issue)

Land - "Paper Factory", 170 acres; and contiguous to
- "Hedges Delight", "Yellow Spring", "Charles and
Mary", 51 acres, from Dorcas HEDGES in 1822.

Executors:  sons Jacob, John and George;
Witnesses:  Isaac HEDGES, Charles H. BURKHART, Charles
HEDGES.

Note - None of the children or grandchildren were named
in the will.

Testimony was heard from Dennis RAMSBURGH who was also
the guardian.  Trustees were sons, Jacob, Michael and
J. Nicholas.

Land was divided into 7 lots with acreage as follows: 
1 - paper mill, 61.1.19
2 - partly improved, 20.3.31
3 - wooded, 16.3.33
4 - wooded, 21.3.27
5 - wooded, 16.2.06
6 - wooded strip, 4.1.29
7 - cultivated, 23.1.04

Sale was held on 26 Mar 1844;
- William C. HOFFMAN - 51 acre part of Lot #1 @ $25/acre,
and Lot #2 @ $25/acre
- Nicholas HOLTZ - Lot #6 @ $19/acre; and Lot #4 @ $25/acre;
total sales, $2,433.55.

On 26 Jun 1844, Charles H. BURKHART testified George's 
widow, Mary Ann, was 34 years old and in ordinary health.

Distribution:  Each 1/10 share, $225.78 (George's widow
received 2/15 of 1/10, $30.10 and her children each 
received 1/5 of the remaining 1/10, $39.13).

On 2 Nov 1844, remainder of property sold;
- John BLICKENSTAFF - Lot #5 @ $21.12/acre;
- John ZIMMERMAN - Lot #3 @ $20.15/acre.

On 14 Dec 1844, 
- Nicholas HOLTZ - Lot #7 and remainder of Lot #1
@ $18.06/acre;
total sales, $1,528.87.

Distribution on 18 Jan 1845:
each 1/10 share, $213.60; closed 20 Feb 1845.


226-246 - FUNDENBURG, BROWN, JOHNSON, CREAGER, McELFRESH, HOLTZ - 1843

Nicholas HOLTZ - Petition for Title

In Oct 1833, John H. McELFRESH and Joseph M. PALMER, 
as trustees, filed foreclosure against Jacob LEIDER 
and wife, Sarah.  On 12 Apr 1834, at the tavern of 
John DILL, McElfresh, as trustee, sold the property 
to Henry FUNDENBURG for $520.80.

Land - 80+ acres (previously from Abraham HAFF in 1830).

In 1834, Fundenburg made an agreement to sell the property
to William CREAGER for $310.

Henry FUNDENBURG died before conveying the deed.
d/ Ann M. (Fundenburg) w/o Doc. E. Lincoln BROWN
d/ Julian (Fundenburg) w/o George H. JOHNSON

John McELFRESH died in Aug 1841 before he conveyed the
deed to Fundenburg.

Petition was filed to collect debts of George K. JOHNSON
and William CREAGER and sheriff's sale (Sheriff Mahlon
TALBOTT) was held against the property of William CREAGER:

- 34 acres with small log house and saw mill, 1 mile south
of Mechanicstown adjoining Mrs. HARP
- 138 acres mountain land, 2 miles west of Mechanicstown
at head of High Run and adjoining Joseph WILHIDE
- 80 acres w/ buildings, 2 miles east of Mechanicstown
near LONG's Blacksmith Shop and adjoining Zebulon KUHN
- 6 acres located 1 1/2 miles east of Mechanicstown
(previously from Elias WELLER)

Sheriff's sale (Sheriff George RICE) was held with 
Nicholas HOLTZ as high bidder for $1,093.80.

Joseph M. PALMER was made trustee to collect the 
balance and make a deed to Holtz; closed 16 Jan 1844.

  
246-271 - WILLIARD, SHAFF, EASTERDAY, BISER, ALBAUGH - 1843

Sarah Ann WILLIARD, creditor vs Estate of Daniel WILLIARD

Daniel WILLIARD  d/ 17 Mar 1842 intestate
widow - Ann and 5 minor children

s/ Thomas Henry WILLIARD
d/ Mary Catharine WILLIARD
d/ Anne Augusta WILLIARD
s/ Lewis Abraham WILLIARD
d/ Genevian Mannitta WILLIARD

Administrator was Dewalt WILLIARD.
The widow filed for her dower land to be divided off.

Land - "World in Arms" (previously from Peter BOYER 
to Daniel DELAWTER); and "Everlasting Hills" (previously 
from Conrad EASTERDAY); totaling 206 acres, conveyed 
from Christian TABLER and James H. FISH as executors 
of Christian EASTERDAY (59 1/2 acres of "World in Arms" 
laid out as the widow's dower).  The property was 
located in Middletown Valley, 5 miles from the Chesapeake 
and Ohio Canal and the Baltimore and Ohio Railroad and 
was 2 miles west of Jefferson on road to Burkittsville 
within 1 mile of MAUGHT's Mill; had 2-story log house 
with 5 rooms, Switzer barn and sheds on three sides, 
corn crib, diary, never-failing spring near dwelling, 
apple orchard, with 25 acres in timber and 7 acres in 
meadow.

Guardian was Daniel SHAFF; testimony heard from Daniel 
L. BISER and Singleton ALBAUGH.

Trustee was Dewalt WILLIARD;  on 3 Mar 1844, sale went 
to John G. BISER for 146+ acres @ $35.90/acre, totaling 
$5,263.83.

Creditors were paid without selling the widow's dower land.
Distribution after creditors were paid:  each 1/5 share, 
$22.84; closed 18 Jul 1844.


272-283 - MARTIN, BANKS, WELLER, WARENFELS - 1843

John A. MARTIN vs Thomas W. BANKS - Foreclosure

In 1838, agreement was made for Thomas W. BANKS to
purchase farm from John A. MARTIN.

Land - "Sugar Camp", 154 acres, to Martin from Daniel
WELLER and w/ Catharine in 1841 (surveyed for Henry 
and Daniel WELLER in 1814); runs along Hunting Creek 
and main road to Lewistown from Mechanicstown.  It has 
a log house, log barn, horse stable and sheds, stone 
milk house and bake oven; adjoins lands of John HAHN, 
Jacob B. WILES, William JOHNSON and heirs of Daniel 
WELLER.

Trustee was Mountjoy B. LUCKETT; on 21 Mar 1844, sale 
went to Ezra WARENFELS at $14/acre, totaling $2,163.96.  
Sale was still short with $181.95 still due to Martin.


283-298 - HOLLAND, BENTON - 1843

Creditors vs Nathan B. HOLLAND

In 1843 Nathan B. HOLLAND and w/ Eliza sold land to 
Samuel B. SMITH who, in turn, conveyed it to the minor
daughers of Nathan B. and Eliza HOLLAND
- Emily HOLLAND and Mary Ellen HOLLAND,
for the love and affection of Holland and wife.

Land - (in Frederick and Montgomery County)
- 130 acres, adjoins land of Samuel BENTON, John WILSON, 
Samuel SIMMONS Sr and heirs of William MURPHEY (from 
Solomon GLISAN to Holland in 1842).

Creditors are claiming fraud and asking for both 
conveyances be voided and the land be sold to pay 
the creditors.

Guardian was Samuel S. BENTON; trustee was James W. 
SIMMONS.  

On 17 Feb 1844, sale was made to Samuel S. BENTON at
$1,040; after creditors were paid, there remained a
balance to Holland of $194.18; closed 30 Oct 1844.


298-321 - JOHNSON, DORSEY, ARMSTRONG, WHEAT, CHAPLINE, McCULLOH, etc - 1842

Charles JOHNSON - Petition for Sale of Real Estate

Roger JOHNSON, dec'd (will GME-1, 212-216)

- s/ Charles JOHNSON, 1/4
- s/ Joseph A. JOHNSON, 1/4 (later died) - w/ Eleanor
- d/ Henrietta JOHNSON, 1/8 - Wheeling, WV

- d/ Sarah, dec'd w/o Ely DORSEY, 1/8 - Wheeling, WV
.....William Henry DORSEY - Wheeling, WV
.....Elizabeth (Dorsey) w/o J. L. WHEAT - Wheeling, WV
.....Dorcas (Dorsey), a minor, w/o A. H. CHAPLINE - Wheeling, WV
.....Morris DORSEY, a minor - Wheeling, WV
.....John DORSEY, a minor - Wheeling, WV 

- d/ Eliza ARMSTRONG, 1/8 
     - now w/o Rev. William ARMSTRONG - Wheeling, WV

- d/in-law - Dorothea JOHNSON, 1/8
     - now w/o D. John H. McCULLOH - Baltimore

Land - "Mine Bank Farm"; mortgaged to Casper MANTZ;
lies in town limits of Point of Rocks.
To lay off farm into lots; some lots already sold by
exec/ sons Charles and Joseph; 35 acres still not yet 
sold; exception is the part between the Potomack River 
and the Canal which was intended to be sold to the 
Chesapeake and Ohio Canal Company.

Joseph was indebted to Charles and Dr. James T. JOHNSON
in 1835.  His share was sold to Henrietta JOHNSON for
$365; she resold it to Charles JOHNSON.
Testimony heard from James T. JOHNSON and William H. 
SMITH; trustee was Charles JOHNSON.  

On 5 Nov 1842, sale of lots was held at the tavern of 
John HANN at Point of Rocks:
- D. HARGSHEIMER for Lot #5 at $48
- Lloyd C. BELT for Lot #7 at $40
- John HANN for Lot #49 at $15.25
- John HANN for Lot #60 at $500
- Henry JAMIESON for Lot #9 at $6.25
- Alexander McDONALD for Lot #18 at $5.50
- William H. SMITH for Lot #13 at $16.75; Lot #14 
  at $7.50; Lot #15 at $7; Lot #16 at $8; Lot #46 
  at $11.25
- William SHORT for Lot #17 at $5.75; Lot #18 at $5;
  Lot #73 (known as Butchers Lots) at $125
- Mrs Rebecca WADE for Lots #47 & 58 at $82
- Daniel DUVALL, esqr, the Canal section below the
town lots, 6+ acres at $30/acre; also the part not
divided into town lots, North of the Baltimore and
Ohio Railroad and below the town lots for 1+ acre
at $25/acre;
the total sales, $1,097.40.

Distribution:  
- 1/4, $244.11 to Charles; Joseph's 1/4 to Charles;
- 1/8, $122.05 to Henrietta, Eliza, Dorthea;
- Eli DORSEY (3/63) $40.67; each 1/5 to Sarah's
children $16.27; closed 24 Feb 1845.


321-340 - WILLIARD, BISER - Feb 1843

Ann WILLIARD - Petition for Dower Land

Daniel WILLIARD  d/ 17 Mar 1842 intestate
widow - Ann and 5 minor children

s/ Thomas Henry WILLIARD
d/ Mary Catharine WILLIARD
d/ Ann Elizabeth Augusta WILLIARD
s/ Lewis Abraham WILLIARD
d/ Geneviere Manmitta WILLIARD

Land - "The World in Arms" and "Everlasting Hills", 
206 acres, from James H. FISH and Christian TABLER, 
exec/of Christian EASTERDAY in 1839; next to land of 
Daniel DELAWTER.

Guardian was Daniel S. BISER.  Testimony was heard 
from Dewalt WILLIARD.  The dower land division gave 
the widow 52 1/2 acres plus 7 acres of timber land; 
closed 1 Aug 1843.


340-376 - GRINDER, SAYLOR - Feb 1843

Estate of John GRINDER

Land - Lot #47, part of "Monocacy Manor", 160 acres,
but now called "Surrey"; to Michael GRINDER Jr. and 
Samuel GRINDER from Michael GRINDER Sr. in 1836 at 
$7,000 (previously to Michael Sr. from William E. 
EDWARDSLY and Henry L. WILLIAMS in 1821); except 7 
acres were sold to Joseph WOODWARD and Moses GRAYBILL.
Land is located one mile from Woodsboro on road leading 
to Frederick Town.

Michael Jr. and Samuel made three mortgages:
- to John McPHERSON and Cyrus MANTZ (for Farmers Bank) 
  for $2500
- to their father, Michael GRINDER Sr. for $4200 (they 
  to care for their father)
- to John GRINDER, Jacob GRINDER and John BAUGHER for $3500.

Michael and Samuel Grinder both filed for insolvency,
separately, with trustee as John SMITH (of M.) who
made sale of lot to John BAUGHER, Jacob GRINDER and
John GRINDER (then living) at $3,221.75; they later,
before the conveyance was made, resold said lot to
Ezra SAYLOR and George SAYLOR at $4,017.  At this
point, the acreage is listed as 77 1/4 acres of the
Lutheran portion of the farm formerly belonging to
Michael GRINDER, dec'd.

John GRINDER  (will 27 Oct 1842; 7 Nov 1842)
widow - Magdalena and 5 minor children

d/ Mary Ann GRINDER
d/ Sarah Ann GRINDER
d/ Susanna GRINDER
s/ Eli GRINDER
s/ John GRINDER

Exec/ William MILLER;
Witnesses:  John BARRICK, David HOLL and John OTT.

Michael GRINDER has since died, leaving a will with
Basil BAKER as executor.  Sale was held to pay off
most of the mortgages; closed 26 Jan 1844.


376-390 - BECKENBAUGH, HANDLEY, MILLER, WILHIDE, EARHART - c1843

Dennis HANDLEY - Sale of Real Estate

In 1833, agreement was made for William CREAGER to
purchase from George BECKENBAUGH (w/ Martha V.) all 
his interest in land where Dennis HANDLEY then resided, 
which was purchased by Beckenbaugh at a sheriff's sale; 
to allow Handley to live there for five years provided 
he pay $75 to Creager and $300 to the Frederick County 
Bank during that time and then to convey the land to 
Handley.

Land - "Green Spring" (59+ acres, divided by road) and 
"First Dividend" (8+ acres), to George BECKENBAUGH from 
Peter BRENGLE, late sheriff, in 1832 which had been 
property of Dennis HANDLEY, conveyed to him from Michael 
MYERS in 1813; mortgaged to Nicholas HOLTZ in 1842.

Trustee was George BECKENBAUGH; he and William M. 
BECKENBAUGH held bond; land was divided into 5 lots.
In Aug 1843, sales made to
- Sam MILLER for Lot #4, 6 1/4 acres at $10/acre
- Henry WILHIDE for Lot #3, 20+ acres at $9/acre
- William EARHART for Lot #2, 11 1/4 acres at $9/acre
- Dennis HANDLEY for Lot #1, 28 acres at $9/acre
- Dennis HANDLEY for Lot #5, 2 3/4 acres at $9/acre
Total sales, $628.93.
Payment made to bank; closed 15 Jan 1845.


390-415 - BRUNNER, BRISCOE, WIRTZ, MICHAEL, ELGIN, CARY, 
    SNOUFFER, DUVALL, TRUNDLE - c1842

Peter WIRTS - Sale of Real Estate

Susanna BRUNNER, dec'd (will 17 Aug 1832; 28 Jul 1834)

s/ Benjamin BRUNNER
d/ Mary BRISCOE - KY
d/ Lucy WIRTZ - VA

granddaughter/ Lucinda WIRTZ
granddaughter/ Susanna WIRTZ

grandson/ John WIRTS*
   plantation where Peter MICHAEL then lived.
Land - "Sweeds Folly", 135 acres, previously conveyed
by her son, John BRUNNER to her late husband, John BRUNNER
in 1820.  
- "Whitsnecks Alley", 4 acres, conveyed to her late husband 
by Charles CUNNINGHAM in 1816.
- "Hook's Neglect Recovered by a Hard Struggle", 117 acres,
to her late husband by James HOOK in 1777; along middle of 
road leading from LATE's Mill to Point of Rocks, next to 
land of Lindsay DELASHMUTT.

Exec/ friend and neighbour, Daniel DUVALL;
Witnesses:  Otho THOMAS, Notley THOMAS, Peter MICHAEL.


John WIRTS*  d/ May 1841 intestate, single, w/o issue

bro/ Peter WIRTS
bro/ Jacob WIRTS and w/ Lucy
bro/ William WIRTS
bro/ Susan WIRTS  w/o Samuel T. ELGIN - MO
bro/ Lucinda WIRTS  w/o John CARY
bro/ Mary Ann WIRTS  w/o George SNOUFFER - OH
bro/ Henry WIRTS, a minor - VA

Other Land - "Addition to Sweeds Folly" and "Resurvey
on Addition to Sweed's Folly".

Peter purchased the 1/7 share of Susan.
In Feb 1842, Samuel and Susan ELGIN were then living
in Fulton Co, Illinois and appointed Gustavus ELGIN SR.
of Loudon Co, VA as their Power of Attorney, where they
sold her 1/7 share to Jacob WIRTS for $1500.  Jacob
made agreement to sell his interest of 148 acres to 
William at $25/acre.  Lucinda and John CAREY sold their
share to John WIRTZ for $3,000, described as Lot #3 in
deed of partition between Benjamin BRUNER and Jacob M.
BRISCOE and his w/ Mary and Jacob WIRTZ and his w/ Lucy
in 1824, 120 acres.

Trustee was Frederick A. SCHLEY; On 21 Jan 1843, sale 
was held at tavern of John HANN at Point of Rocks;
two farms and five wood lots.  
- First farm is 234 acres, 160 which are cleared and in 
cultivation, the rest in timber; has large dwelling, 
barn newly built, stable, corn house and dairy and 
kitchen with nearby well, 11 acres in meadow, good 
orchard and running water in every field; road leading 
from Frederick to Point of Rocks runs directly through 
it, leaving 100 acres on east side and 134 acres on west 
side; Jacob WIRTS now lives there.
- Second farm contains 120 acres and adjoins the first
and runs from county road to top of the mountain, 70 acres 
cleard and 50 in good timber, a large part being chesnut; 
has two log dwellings, one near county road with a kitchen 
and blacksmith shop; the other is west of the centre of 
the tract.
Land adjoined those of Col. Daniel DUVALL, Thomas KING and
D. TRUNNELL.
Sales made to:
- Col. Daniel DUVALL for 135 acres at $35.03/acre.
- David TRUNDLE of Otho for 120 acres at $30/acre
Not yet sold is the 117 acres of mountain land
which has been divided into 5 lots.

First Distribution:  each 1/7 to John WIRTS' siblings,
$998.24; closed 13 Apr 1844.


415-465 - JAMES, KIMMEL, POOL, LAWRENCE, BENNETT, BECRAFT, 
    JUSTICE, HANNA, SLAVES - Sep 1844

Sir Pratby JAMES vs Robert BENNETT and others

Daniel JAMES  d/ 24 Oct 1793 (will 1 Mar 1792; 26 Oct 1793)
widow - Lucy  d/ Jun 1827

s/ John JAMES and w/ Martha

s/ Daniel JAMES Jr  d/ Aug 1838 (will 6 May 1833)
.....Sir Pratby JAMES
.....Sidney Ann  w/o Anthony KIMMEL

s/ Joseph JAMES

d/ Margaret  w/o Henry POOL 
.....her son/ Daniel JAMES

d/ Elizabeth JAMES w/o Richard LAWRENCE (d/ bef 1808)
...2nd h/ Robert BENNETT (bef Jun 1827) - Carroll County

d/ Susannah JAMES

d/ Achiah JAMES

d/ Rebecca  w/o Benjamin BENNETT/BURNET
grand daughter/ Drusilla JAMES (d/o John?)

Widow and sons to care for
James BECRAFT (d/ before Lucy)
JOICE BECRAFT (d/ before Lucy)
testate's mother/ Margaret JUSTICE (d/ before Lucy)

SLAVES - (to wife) HARRY, PHILL, JOSHUA, NACE, FRANK, 
HANNAH, CIZ?, suckling child NELL, KISS and suckling 
child RACH.
- negro girl MINT (to s/ John and afterwards to grand 
  daughter Drusilla JAMES)
- negro girl ALCI (to s/ Daniel)
- negro girl CHARITY (to s/ Joseph)
- negro girls SOOK and EASTER (to d/ Margaret)
- negro girls BECK and BARB (to d/ Elizabeth)
- negro girl JUN (to d/ Susannah)
- negro woman MIRROR and her youngest girl and 
  negro girl PATRICK (to d/ Achiah)
- negro girl POLL and negro boy CHARLES (to d/ Rebeccah)

Exec/ wife and son John;
Witnesses:  Nicholas HOBBS, Henry POLL, Francis McDONALD
Edward DORSEY and Ely DORSEY Jr.

After the death of their father, the children all agreed
the lands which had been the widow's was meant to go to
Daniel and they were certain that was the intent of their 
father.  All of the chidren signed over their interests 
to Daniel except Elizabeth.  The three daughters (not
cut off in will) agreed to receive an additional 100
pounds in addition to the 200 in the will as their
full share.

Elizabeth received her $300 from her brother Daniel
and was to sign over her interest to him, but never
did, not in either of her marriages.  After her second 
marriage, they fraudulently conveyed a deed to Benjamin 
W. BENNETT (her son) (his w/ Margaret) for a claimed 
interest in estate which she is not due.

Land - "Dispute Continued", 447 acres, (a resurvey on 
"Disputed Beginning") and next to "Friendship", "Kendrick's 
Hap", "Burkhart's Delight".

Daniel JAMES' Jr.'s will dtd 6 May 1833; 27 Aug 1838

d/ Sidney Ann KIMMEL
   (his farm where she then resided, being on the north 
    side of Old Annapolis Road.  He also gave her the 
    farm where Richard HOWARD then lived.)

- Sarah HANNA (relationship not provided)
   (Feather bed and bedstead, $500 and
   - negro girl HANNAH)

bro/ Joseph JAMES (to be provided for during his life)

s/ Sir Pratby JAMES
   (rest of estate including farm, Bungtown Farm, then
    occupied by Charles A. WATERS, and farm where Daniel
    then lived, all the negroes and livestock, farming
    utensils and grain.)

Exec/ his son and Anthony KIMMEL; 
witnesses:  Charles A. WATERS, Richard HOWARD and
Alexander LOWE.

Anthony KIMMEL renounced the duties.

On 15 Jun 1841, Testimony was heard from Joseph 
JAMES, age 77, who testified Elizabeth's husband 
Richard LAWRENCE died about 11 years after their 
marriage; also that his mother Lucy died about 1827, 
after James BECRAFT, Joice BECRAFT and Margaret 
JUSTICE. He stated bond was given to Elizabeth before 
her marriage and she claimed she didn't sign the deed 
because her husband was opposed to it.  After her 
second marriage to Robert BENNETT, he said he had 
not the least doubt that Richard LAWRENCE had been 
paid as he was a needy man.  Joseph claimed he knows 
the money was paid to Lawrence because he paid it to 
him for his brother.  His mother had a negro woman
and child, a sickly woman, not included in the will;
thinks this mother sold the woman but doesn't know
what she got for her.  He said the meeting with his
siblings took place at his father's old place and
Elizabeth was 22-23 at that time; she was going to 
sign the agreement but her husband was opposed.

Elizabeth stated the extra 100 pounds was from her
mother and Daniel Jr. was to have life estate and
after his death, she would receive her 1/7 share
(sister Rebecca was specifically omitted except 
for what she was given in will); claimed she did
not receive any monies.

The court ruled for Elizabeth and Robert BENNETT to
convey a good deed to the heirs of Daniel JAMES;
closed 22 Aug 1844.


466-538 - TANEY, ADELSBERGER, SENTZ, WARNER, GLEIM, COULSON, GAMBRILL, 
    WIEGARDT, LAWSON, DURBIN, HAINES, MOORELOCK, etc - Jul 1837

Thomas WELLS and other creditors vs Estate of Frederick TANEY

Frederick TANEY d/ 5 Aug 1825 (will 22 Feb 1823 not included)
w/ Elizabeth and children

s/ Jacob TANEY
s/ John TANEY
s/ David TANEY
s/ George TANEY
d/ Catharine ADELSBERGER, now w/o Charles SENTZ
d/ Sarah TANEY

d/ ________ WARNER
.....Elizabeth (Warner) w/o John COULSON
.....Catharine (Warner) w/o Thomas GAMBRILL
.....Ann (Warner) w/o William WIEGARDT
.....Frederick WARNER
.....Fanny WARNER

d/ ________ GLEIM
.....Elizabeth GLEIM
.....Sally GLEIM

Exec/ wife and friend William DURBIN.

Land - 176 acres of the 'home place' where widow was
living; on waters of Meadow Branch, about 3 miles from
Westminster, with the turnpike road from Westminster
to Uniontown running through the property; adjoins 
lands of Peter ROYER, David ROOP, John SWIGERT, John
ROYER, Michael MORELOCK and Jacob MARKER; land is first
rate blue slate with 15 acres in meadow and 20 in oak 
timber; has 2-story log house, weather boarded, a part
log and part stone Switzer Barn, spring house with 
spring water near the door and orchard of choice fruit
trees.. 
- and 118 acres, adjoining the "Old Quarter':
- Lots in Westminster
- Lot (1/2) in Uniontown
- "Lamb's Choice" and "Locust Neck"
- "Glade Spring"
- "Molly's Fancy"
- "Resurvey on Look About"
- "Arnold's Remnant"
- "Resurvey on Look About"
- "Lotter's Advice"
- "Molly's Fancy"
totals 800 acres exclusive of the lots and two parcels
devised to the widow.

Uriah HAINES, one of the creditors, died with Reuben HAINES
as his executor.

William DURBIN had only sold part of the estate, which
had only paid the creditors slightly less than half of
thier claims, when his power was revoked by the Orphan's 
Court as the widow protested the assets had not been 
applied properly and monies wasted.  Michael MORELOCK 
was then appointed as trustee to sell the residue of 
the estate.  The creditors claimed she held more than
a widow's dower share and thus the property should be
sold to settle the debts; she claimed it was left to
her in lieu of her dower and was rightfully hers.

On 26 Jan 1828, Michael MORELOCK held sale at Isaac SHRIVER's 
house; sales went to
- Lots #14, 15 16 in Westminster to Isaac SHRIVER at $314
- Lot #80, 1 acre, to Jacob RIGHTER at $30
- 3 Lots in Westminster to Isaac SHRIVER at $17
- 3 Lots in Westminster to John MILLER at $13.81
- Lot (1/2) in Uniontown to John ROBERTS at $22
This days' total, $396.81.

On 27 Jan 1828, he held sale at the tavern of Nimrod FRIZZLE
and sold the following woodland lots described as being 
part of "Look About":
- Lot, 40 acres, part of the furnace land, to John SCHWIGERT 
  at $275.25
- Lot, 33 1/2 acres, to David ROOP 
  at $226.12
- Lot, 45+ acres, to George SCHADE
  at $436.40
- Lot, 44+ acres, to Simon WITMYER at $314.12
- Lot 51+ acres, to Peter FOGLESONG at $301.09
- Lot, 44+ acres, to Magdalena RINEHART at $265.50
- Tract of 75 acres, known as "Cassell's Lot", 
  to Jacob RIGHTER at $1,083.87
- Tract of 46+ acres, known as "Byer's Farm, 
  to Jacob RIGHTER at $275.89
- tract of 76+ acres, part of "Byer's Place"
  to Magdalena RINEHART at $461.08
This days' total, $3,642.34.

On 28 Jan 1828, at Jacob MORELOCK's, sales were made to:
- Tract of 55 acres, part of Furnace land to Peter 
  SHOEMAKER at $885
- Tract of 42 acres, known as "Stouffer's Place",
  to Magdalena RINEHART at $147
- Tract of 99+ acres, known as "Hermann's Place"
  to George HAIFLEY at $644.63
- tract "Arnold's Remnant", 66 acres, to David ROOP
  at $321.55
This days' total, $1,498.68.
Total sales for three days, $5,537.33.

In 1833, administrators for Reuben HAINES, deceased,
were Uriah HAINES and Samuel HAINES; giving bond with
Josiah HAINES and George LANTZ as sureties for $15,000.

Elizabeth TANEY (will 27 Feb 1837; 10 Apr 1837 Carroll County)

Jacob TANEY - Carroll County
John TANEY - Carroll County
David TANEY - Carroll County
George TANEY - Carroll County

Catharine  w/o Charles SENTZ - Carroll County
.....Margaret

Sally  w/o Robert LAWSON - Baltimore County

Devised 7 shares, leaving 2 shares to d/ Catharine.
Exec/ Jacob SHRIVER
Witnesses:  David ROOP, John SCHEIGART, John ROOP Jr.

Testimony was heard from Peter ROYER, John FISHER,
John FORMWALT, Abraham WAMPLER, Michael MORELOCK
and Thomas C. WORTHINGTON.

William DURBIN also testified and claimed to have 
sold tracts, "Spring Garden", 60 acres, and "Brown's 
Plague Resurveyed", 48 acres, to Peter ROYER, David 
ROOP, Henry CASSELL and John FORMWALT.  The latter
was under mortgage to Hannah NEFF by Henry BROWN
previous to Taney's purchase and sold for only enough
to cover the mortgage.

In 1829, William DURBIN filed for insolvency and 
Thomas GURLEY was appointed trustee for creditors.

In 1841, Nicholas Durbin was appointed trustee to sell
the real estate left to the widow so creditors could
be paid.  On 10 May, 1841, sale was made to David ROOP
for the 176 acres (widow's) at $11,137.88.
Distribution not included; closed Jul 1841.


538-607 - STALEY, STEMPLE, COBLENTZ, SLAVES, BIRELY, STEINER, 
    BAUSMAN, FOLTZ - Jun 1833

Valentine BIRELY and others vs John STALEY and others

The 1821 deed from Jacob STALEY Sr. to his sons, John and 
Joseph STALEY, and Bill of Sale were declared null and void 
and Joseph M. PALMER was appointed trustee to sell lands of 
Jacob STALEY Sr. for benefit of his creditors.  Joseph MILLER
was a surety on one of Jacob STALEY's notes.

Jacob STALEY (STILLY)  d/ Mar 1822 intestate

s/ John STALEY
s/ Joseph STALEY
s/ Henry STALEY
d/ Elizabeth  w/o Frederick STEMPLE Jr.
d/ Lydia STALEY
d/ Matilda/Malinda  w/o Jacob COBLENTZ
s/ Jacob  STALEY Jr. - Montgomery County

Bill of Sale included slaves:
- negro man DAVID, 17; 
- negro woman HENNY, 40, and her male child, 3 months;
- negro woman RACHAEL, 40;
- negro boy HENSON, 5;
- negro boy Benjamin, 7;
- negro girl NANCY, 6;
also included grains, 12 horses, 37 head of horned cattle,
45 hogs, 45 sheep, 60 geese and farming apparatus, two sets 
of blacksmith tools and all household items.

Land - "Second Chance", 36 acres (by patent 1787);
- "Lost Sheep", 25 acres  (by patent 1796); 
- "Jacob's Plains", 59 acres (by patent 1786); 
- "Brotherly Kindness", 72 acres;
- "Resurvey on Stoney Levell", "Butters Punch", "Hedges 
  Range", 51 acres; next to "Pleasant Hill";
- "Hedges Range", 1+ acre; from Peter SLUSSER in 1811;
- "Hedges Range", 1+ acre; from Peter SLUSSER in 1817;
- "Resurvey on Nut Spring", 114 acres;
- "Resurvey on Stoney Hill" and "Addition to Stoney Hill",
  30 acres; from Jacob WEDEL, Peter WEDEL and others in 
  1806 (WR-28, 490-493);
- "Shin Taler Gut", 5+ acres; from Henry STALEY in 1796;
- "Troutman's Delight", 40 acres, from Michael TROUTMAN 
  in 1792;
- "Johnsons Lane Enlarged", 90 acres;
- "Johnson's Thicketts", 10 acres with exception:
  less 26 1/2 acres to Joseph JOHNSON and less 21 acres 
  to William McFARLING;
Total acreage, 487 1/4 acres less 122 acres sold by B.S.
PIGMAN as trustee equals 365 1/4 acres.

Located in Middletown Valley; lands sold  May 1835 to 
- John HORINE of Washington County for 213 acres at 
  $41/acre, pending survey; included parts of "Troutsman's 
  Delight", "Bushrods/Brotherly Kindness", "Johnsons Lane 
  Enlarged", "Jacobs Plains", and "Lost Sheep"; next to 
  Henry BROWN, John BAKER, Catharine JOHNSON and "Summers 
  Delight", Robert PATTINGALL's land and lane leading tp 
  James KINNEY's Mill, and "Oakland Mills", "Nut Spring", 
  "Staley's Fortune" and "It's Secured".
- Benjamin ROUTSONG for 121 acres (85 + 36) at $14/acre 
  pending   survey; included parts of "Resurvey on Stoney 
  Level", "Johnsons Lane Enlarged", "Jacobs Plains", and 
  "Lost Sheep"; next to "Murdock's Mountain Resurveyed"
  and "Summer's Delight".
Total sales, $10,447.72.

(Plat shows "Next Spring", "Resurvey on Stoney Level", 
"Troutsman's Delight", "Bushrod's Kindness", "Johnsons
Lane Enlarged", "Jacobs Plains", and "Lost Sheep".)

Valentine BIRELY and Lewis BIRELY were executors of the
deceased Elizabeth BIRELY.

Elizabeth BIRELY, dec'd,  of Frederick Town 
(will 10 Oct 1828; 7 May 1828)

s/ Valentine BIRELY
s/ Lewis BIRELY
d/ Maria BIRELY

d/ Elizabeth  w/o Stephen STEINER
.....2 daughters

grandchildren* -

.....Eliza BAUSMAN
.....Sophia BAUSMAN

.....William FOLTZ
.....Frederick FOLTZ

Property - Brick House on Patrick St (next door to her)
in Frederick Town where Mrs. Matilda McPHERSON then lived
(to son/ Valentine) and adjoining lands.

Slaves -
- 2 negro men, ABRAHAM and BASIL (to s/ Valentine)

Witnesses:  Henry STALEY, Jacob STEINER, George KOLB.

*Note - FCML shows
Elizabeth BIRELY to Benjamin BAUSMAN on 17 Jan 1807
Catharine BIRELY to William FOLTZE on 4 Apr 1815

Testimony was heard from were:  Joseph MILLER (age 63 
in Jun 1825, a 'Tunker'), Gen. Joseph SWEARINGEN John 
HOUCK, Christopher MICHAEL, Peter SCHLOSSER, John McNEIL, 
Joseph CASTLE (shoemaker, lived with Staleys), David 
BOWLUS (surveyor), George WEDDLE (age 53), James CASTLE, 
Rebecca EASTBURN, Henry BROWN Sr, George HARP, Daniel 
BOYER, Jacob BISER, Henry LIGHTER, John HERRING, David 
MAUGGINS, George MAIN, Shadrick HEDGES, Henry BROWN 
(age 53 worked for the Staleys), George MARTANY, Robinson 
EASTBURN (age 64).  George WEDDLE stated he was born and 
raised on the 'Weddle Tract' that John STALEY purchased 
at the public sale which was formerly owned by his father.

Testimony indicated the elder Staley deeded the lands and 
personal estate to his two sons in order to payoff his debts.  
It was revealed his two sons transferred most of his debts 
to themselves and paid off many of them.

(File ends here although it seems incomplete.)

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The End of HS-9

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Equity Records at Mid Maryland Roots

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Last revised: August 20, 2008