Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1866-04-13
In the Circuit Court for Montgomery County,
as a Court of Equity.
FEBRUARY TERM, 1866.

L. tain deeds in the proceedings mentioned,
and to secure certain lands and, premises there
in mentioned, lying and being in said coan-
4 ty, to the said Teresa Scott and to enjoin the
said Berry from selling the same until the de-
cision of the Court in the case is made.
The bill states, that heretofore-to wit on
the thirty-6rst day of August, in The year
eighteen hundred and sixty-fiye, the said Sa-
rah Austin being DESTROYS of purchasing the
land and premises hereinafter more particu-
larly mentioned, and referred TO as described
in a deed from George w. Adams to John G.
Garland, jr., m official copy of which deed
is hereinafter exhibited MS Il part OF this bill,
and to have the same duly settled on the said
| Teresa Scott, as her property; and the said
Sarah Austin being unskied and unacqaaint-
| ed with such matters of business, and the
proper mode Of doing the same, she, the said
! Sarah, entrusted the same to certain John
| g. Garland, jr., to transact the same for her
according to her wishes; the said John G..
Garland, jr. promised and agreed TO, and with
! the said Sarah Austin, that he would make
| said purchase Of said land and premises, lying
and being in said Montgomery comfy, as re-
quested by her, and would cause the same TO
/ be conveyed to said Teresa Scott, or to be Sc
cured to her. SO as to enable her, the said Te-
/ resa, to havea home thereon, and the full and
entire benefit thereof, as her own property,
aud that the said Sarah Austin should ana
j hOuiu luIDlSu Inc Ui1HtN ~ pay INC puTCUUSe
money therefor, according TO the terms OF the
! sale.
Your complainants further charge, that ar
terwardsJ-to wit: on the day and year afore-
said, the said John G. Garland, r. pur-
chased said land and premises from said Ad-
ans, which are particularly described in a
deed from said Adams to said John G. Gar
land, jr,, the date whereof has been before sta
ted, at and for the sum Of ten thousand dol
lars, and obtained deed therefor from said
Adams, to himself, in his own name: all Of
which will more fully and at large appear by
reference 10 an official copy Of said deed, here
with filed rs part hereof, marked Elk. A.
Your compIainants further charge, that said
John G.. Garland, jr. paid the said Adams the
sum OF three th0Asand, three hundred and
twenty-six dollars for the cash payment on
said purchase, and executed his six promiso-
ry notes, for the sum Of eleven hundred and
twelve dollars and thirty-three cents each,
payable TO the order of the said George W.
Adams, at the times therein severally men
sioned, and secured The payment thereof by a
deed of trust on said premises to Joseph b.
Moore, dated the thirty-frst day of August. In
the said year eighteen hundred and sixty-fiye.
and now Of record amongst the Land Records
of said Montgomery county.
Your compliments further charge. that,
confding in the rectitude of the said John G.
Garland, jr., who stated he had caused said
property TO be secured to the said Theresa. AS
he was directed by said Sarah TO have done
she, the said Sarah, gave the said John g.
Garland, jr. said sum oi'three thousand three
hundred and twenty-six dollars, which he
paid 70 said Adams, rs the cash payment of
said property; and your compliments fur
ther charge, that, when said Sarah furnished
said Garland said sum of money, with which
to make said cash paymen on said property.
she verify believed it was true as stated to
her by said Garland, that the said property
had been properly secured to said Teresa, &C
cording TO the wishes of said Sarah and the
undertaking Of said Garland; and that she.
said Sarah, had no knowledge whatever that
said Garland had had the said property deed
ed TO him, as aforesaid, and that had she
known the said property had been SO decided
to said Garland, she would not have furnish
ed said money to pay said cash instament of
said purchase money.
And your complainanis charge. that after
she had so furnished said money to pay said
cash payment and still in ignorance Of the
condition OF the title to the property, and of
the dec, ption practised on her by said Gar
land, she, said Sarah, furnished said Garland
with further sums OF money, making in the
whole the sum Of forty-six hundred dollars.
eek. b.
Your compliments further alleee. that said
=
the part of said Berry of the facts stated in this
bill in reference to the title of said property.
and the means furnished by the compl.linants
to said Garland 10 pay therefor, and that said
property has been in the possession Of the said
Sarah, used and controlled, and claimed by
her, as her property, for the benefit Of
said Teresa from the time of the purchase
thereof from the said Adams to the present
time.
Your complainants further charge, tha, said
Ferry did not pay to the said Garland said
ten thousand dollars, mentioned in said deed
nor secure the same TO be paid to him that
said Berry is a man without means and was
unable TO command, aud did not have that
amount of money to pay for said property;
that said transaction was only colorado aud
was not bona fide and for a valid and legal
eonsid eration, but mas and is deceptious and
fraudulent.
Your complainants expressly charge, that
said deed was and Is fraudulent contri-
vance, and means used and intended by the
said Garland and Berry to cheat and defraud
your compliments out Of the said property;
and your compliments charge tina said sale and
conveyance of said property to said Berry,,
are fraud upon your compliments.
And that the said Hiram b. Berry, John G.
Garland, Jr. George W. Adams and Joseph
B. Moore reside out of the State of MARYLAND
IL IS thercupon, TINS I'm day of April, 1896,
by the subscriber, Clerk of said Circuit Court.
ordered and adjudged, that the complainants,
by causing copy of this order TO be inserted
in some newspaper, published at Rockville, In
said county, once a week for four successive
weeks, for at least three months before the
first day of August next, give notice to the
said absent defendants of the object and SUBJ
stance of this bill, and warn them to appear
in this Court, in person or by solicitor, on or
before the first dQv of he W A
this Court, TO answer the premises and to show
cause, if any they have, why decree ought
not to pass, as prayed.
E. B. PRETTYMAN,
Clerk OF the Circuit Court
True copy-Test,
E. B. PRETTYMAN,
Clerk of the Circuit Court.