Frederick Co, MD - Equity Court Abstracts - ES-3 275-304 - BEAM, GASAWAY, ROSS, KAHLER, SAPPINGTON, DELASHMUTT, HOSSELBACH - Oct 1853 Noah A. GASAWAY & John W. ROSS, partners t/a Noah A. GASAWAY & Co vs Jacob BEAM and Adam KAHLER The complaintants of Baltimore city extended credit in 1853 to Jacob BEAM, also of Baltimore city, who had been operating a mill (Brookland Mill) or mills near there. His drafts now amount to $4,000 and they do not wish to extend any further credit to him and requested a mortgage of his Frederick County property for the liabilities, to be null and void upon payment of the debt. However, since this mortgage, Beam has conveyed the same property by mortgage to an Adam KAHLER, also of Baltimore city. At that time, $2,582.56 with interest was due, but Beam has refused to pay it. Land - Lots #1 & 2 of "Adams Bones" and "Resurvey on Right and Good Reason", 69 acres, to Beam by Jacob LEWIS and w/Adelia LEWIS in Jan 1853 (previously to Lewis by William B. NORRIS, exec/of George HOSSELBACH in Dec 1852); on west side of Bennetts Creek. The stone mill, two stories high with strong stream of water, then in the occupancy of Joseph BEAM, was situated between the Fleecy Dale Factory and the Greenfields Mills, within four miles of the B&O Railroad and five miles from the C&O Canal. There were two pair of burs and a pair of country stones, was repaired two years ago, has a saw mill with a two-story log house for the miller and other necessary buildings. Testimony was heard from Samuel GASSAWAY, a brother of Noah, and Jacob BEAM. Trustees for the sale were Worthington ROSS and William C. SAPPINGTON with William J. ROSS and Greenberry R. SAPPINGTON as sureties. Sale was held 15 July 1854; high bidder was Joseph BEAM, as agent of William BEAM of Baltimore city, at $3,000; however, William BEAM failed to comply with the terms. Since then, William C. SAPPINGTON, co-trustee, died and a request was made to vacate the sale. On 2 Sep 1854, the property was resold to Arthur DELASHMUTT at $2,165. The sale was protested for several reasons, one being the auctioneer was the buyer, but the objection was later withdrawn. By Feb 1855, the surviving trustee, Worthington ROSS, died and a new trustee, William J. ROSS, was appointed. Distribution of $2,165; court costs, $280.51 - N. GASSAWAY & Co, in part, $1,884.90 Closed 14 Sep 1855. =================== www.MidMdRoots.com