Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-06-13
No. 214, Equity, to 1873.


The object of this suit is to compel specific
performance by the defendants OF a written
agreement for the sale of certain lands, lying
and being in Montgomery county, in the State
| of Mary land entered into between the COM
painant and defendants, Americas Dawson
and Slas Kinney, on the eighteenth day OF
| July, in the year 1871, and in default Of said
specific performance TO procure decree for the
sale of said lands 10 pay the balance OF the
purchase money due thereon.
The Bill states that the complainant being
seized and well entitled in fee simple 10 Il GER
tain tract of land, situate and lying in Mont
gomery county, in the State of Maryland and
Hereinafter described and being DESTROYS OF
selling the said tract or parcel of land, and
Americas Dawson and Silas Kinney both Of
Montgomery county, being minded to purchase
the same, the complainant and the said Amer
Gus Dawson and Silas Kinney, on or about the
eighteenth day Of July in the year eighteen
hundred and seventy-ore, entered ihto and
signed memorandum or agreement respect
ing the said sale aud purchase in the words
following, that is to say;
Articles of agreement made and concluded
this 9Th day of july 1871. by and between
Lemue Clements, Trustee and Executor Of
Mary A. Brooke, deceased, of the one part,
and Americas Dawson and Silas Kinney of the
other part all of Montgomery county, in
said Lemuel Clements, Trustee and Executor
as aforesaid has this day sold to the said
Dawson and Kinney, the home place Of The
late Nicholas Brooke, situate and lying in
Montgomery county aforesaid, called = Rich
Valley" containing three hundred and thirty
three acres Of land, more or less. (ihis agree
ment not to embrace the tract called The
Fork OF GrubGy Hill, - containing three hun
dred acres on the following terms, 10 wit -
~ al 4, to a mil
on the first day of January, 1872 aud the re-
naming sum of three thousand dollars TO he
paid in two equal instalmenis, at one and two
years respectively from the said first day OF
January, 1872, and TO bear interest from said
! st day of january, 1872, the interest TO be
paid annually on The deferred payments, and
upon the payment of the cash payment deed
is to be made to the said Dawson and Kinney
for the said land and the said Dawson
and Kinney are 10 give to the said Clements a
deed of trust for the deferred payments
heTeinbefore set forth
And the said Dawson and Kinney on their
part agree to purchase from the said Clements,
the said land on the terms and conditions
hereinbefore set forth, and it is expressly IN
dersrood between the parties hereto, that the
rent for the present year is expressly reserved 70
the said Lemue Clements and the said Lem
ucI Clements is to pay the taxes for the pre-
sent wear.
Witness our hands and SEALS
(LEMUEI. CLEMENTS [SEAL.
Signed, AMERICUS DAWSON, 1SEAL.
SILAS KINNEY, [SEAL.
The Bill further states that the said ATneri-
Gus Dawson and Silas Kinney under and by
virtue of the said agreement took possession
of the tract of land, and on the 9th day Of
May, A. D., 1872 the said Americas Dawson
paid to the complainant the sum Of fifteen
~ n sal
money.
The Bill alleges that the complainant has
always been ready and willing to perform his
part of the said agreement, and is now ready
so to do but so it is that the said Americus
Dawson and Silns Kinney have refused TO give
the deed Of trust ms agreed TO lie given, and
although the payment 10 be made on the first
day Of January, 1873, and the interest for one
year on the ast payment are both due, the
said Dawson and Kinney have refused and
still do refuse to pay the same or any part
thereof
The Bill further states that the said Silas
Kinney and Lydia S. Kinney, his WIFE have
since the making of said agreement conveyed
all their right to and interest in said lands 10
"A certain Dorothy Kinney, as will appear by
reference TO a properly certified cory Of said
deed filed with The bill.
The prayers of The Bill are that the said
Americas Dawson and Sas Kinney may he
compelled by the decree Of this court spccif-
caily TO perform the Aforesaid aereenc nj, and
that in defanlt Of said specific performance, a
decree may be passed for the sale of said lands
for the payment of the balance of purchase
due thereon, and for general relief.
And whereas two successive subp9nas have
been issued against the said Dorothy Kinney
in this cause, directed to the Sheriff of Balti-
more city, her last known residence, and
both of said subpunas have been duly re
turned by said Sheriff to this Court endors-
ed Non Est,
1t is thereon this tenth day of June in the
year eighteen hundred and seventy-three, by
said Circmit Court for Montgomery county,
a Court OF Equity, and by the authority there
of, adjudged and ordered, that the complain
ant by causing a copy of this order to be in
serted in some newspaper printed in said
Montgomery county, once in each of -four sue
cessive weeks before the seventh day Of July
next, give notice TO the Faid Dorothy Kinney,
one of the defendants in this cause, Of the
object and substance o: this bill and warn her
to appear in this Court on or before the
enth day of October next, in person or by
solicitor, and show cause, if any she have,
why decree ought no: to pass as prayed
W. VEIRS BOUIC Judge
OF the Circuit Court.
True copy-Test
E. b. PRETTYMAN, elk.