Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1866-01-05

VIE object of this Bill is to procure De-
a cree to vacate the deed therein mention
ed, and re- conveyance of the property there
in described to tie complainant.
The bill states, that on or about the 18th
day of October, 1854, the complainant con-
veyed certain real estate in said county, and
particularly described in a deed, an official
copy of which is filed with the bill as a part
thereof, to the defendant, who has since inter-
married with the co-defendant Catharine A =:
that said deed was made upon the express
trust promise and agreement of the said AL
win &. Leamon, that he, said Leamon should
and would hold the said property for the use
and benefit of the complainant, and his heirs
and assigns, and would re-convey the same TO
him or his vendee whenever requested so to
do; that at the time of the execution of said
deed, the complainant was greatly addicted 10
dissipation, and badly qualified TO take pro
per care of himself and of his said property:
that he made his home with the defcndai.t
who had acquired great and controlling ~ f,i-
ence over the complainant, who was ihGucet
by the defendants advice, persuasion
promises of fidelity to the trust ard 60,
dence reposed in him to execute said deco &,
the time, and in the absolute form it bears:
that the consideration mentioned in said d,e'i
was not paid to the complainant nor any ritfi
thereof-nor was it intended to be paid Ne
true consideration and intention Of the parties
being the trusts and purposes aforesaid; ihat
the consideration mentioned in the deed was
and is less than half the real voluc Of the pre-
perty that the complainant derived his sup
port from the property on which he and the
defendants resided, and cultivated il until re-
Gently, from the date of the deed that some
time last winter the defendants moved away
leaving the complainant the sole occupant oi
the property that the complainant has lesrn-
ed, to his surprise, that the defendant, Alvin
now, for the first time. claims said property as
his own absolute estate free from any interest
or right of the complainant therein and from
the trusts and purposes aforesaid and is now
endeavoring to sell the same for his own use
and benefit, and positively refuses TO recon-
vey said property TO the complainant, or to
recognize his right or interest therein or the
trusts aforesaid, although requested by the
complainant so to do; all of which is contrary
to equity and good conscience, and fraud,
and injury to the complainant and violation
of the trusts reposed in the defendant, as
1t is therenpon this 28th day of September,
in the year 1865, adjudged, and ordered by
the subscriber, Clerk of the Circuit Court for
said county, that the complainant by causing
a copy Of this order to be inserted in some
newspaper published in said county, once in
each of four successive weeks, three months
before the first day of February next, give no.
tice to the said defendants of the object and
substance of this bill, and warning them to
appear in this Court in person or by solicitor,
on or before the first Monday in February
next, to answer the premises, and show cause
if any they have, why decree ought not 10
pass as prayed
Il. B. PRETTYMAN, Clerk
Circuit Court for Montgomery county.
True copy-Test:
Il. B. PRETTYMAN, Clerk
Circuit Court for Montgomery county
sep 29-it