Equity Records at Mid Maryland Roots
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)]
Equity from Land Records - HS-23
- 50-58 - LOWE, BAER/BEAR, BOTELAR - 1844 (This was a land record but had family data.)
- Henry BOTELAR from Eliza BAER 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. ===
- 473-489 - SMITH, FULTON, HUMRICK, VALENTINE, HAPE - Jul 1837
- John SMITH vs Joseph SMITH & Others - Equity #1589 Middleton SMITH, dec'd (Will written 20 Jun 1835) w/ Matha s/ Joseph SMITH s/ John SMITH of M. ......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) --- 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 Jun 1827 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. ===
- 489-510 - HANN / HAHN, VANCE, STONESIFER, KUHN, JUSTICE, BIGGS, HAYS - Aug 1841
- William BIGGS vs David VANCE & Others - Equity Record #1904 Henry KUHN, dec'd (Will written 15 May 1830) 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 --- 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. ===
- 510-519 - POLMER/PALMER, ROUTZANG, KELLER, YOUNG, WALLING - Oct 1840
- Daniel POLMER (PALMER?) vs Reps of Adam ROUTZANG, dec'd - Equity #1725 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. Adam ROUTZANG, dec'd 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 --- 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 ===
- 519-532 - HARPER, WHEELER, SLAVES, NELSON, TINGSTRUM, BECK - Nov 1841
- Robert NELSON vs John B. SNOUFFER, adm/of Francis HARPER - Equity #1770 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. ===
- 532-539 - NEFF, SHIPLEY, BOWERS/BROWN, PALMER - Mar 1843
- Andrew NEFF - Petition - Equity #1872 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. ===
- 539-549 - HARTSOCK, NORRIS, TYLER, ROOP, RUNKLES - Jul 1840
- Henry HARTSOCK - Petition to Sell Real Estate - Equity #1719 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 ===
- 549-560 - SHRYOCK, WILSON, HEWETT, GEESEY, BERNARD - Oct 1841
- William HEWETT and Adam WILSON & w/ Mary Ann - Petition to Sell Real Estate - Equity #1789 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. ===
- 561-581 - BRASHEAR, WOOTTEN, WORTHINGTON, DAVIS, MOBBERLY, SLAVES, PITTS - May 1839
- Thomas C. BRASHEAR vs E.C. WOOTTEN & Others Dr. Belt BRASHEAR d/ 1 Nov 1834 (Will written 8 Sep 1832) 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 --- 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. ===
- 581-598 - HEIM, CASTLE, MILLER, LAMBERT, CULLER - Feb 1841
- David HEIM vs Elias HEIM & Others 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. ===
- 599-609 - JAMISON, WILLEY, BOONE, LYNCH, WOOD, GARROTT, ORTMAN, EMMERT - 1838
- JAMISON vs JAMISON 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 ===
- 609-610 - BARGER, LYNCH, LOWE - Oct 1843
- Thomas F. BARGER - Petition for Title 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. ========================================== The End of HS-23 - Equity in Land Records ==========================================