Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-06-27
ORDER OF PUBLICATION.
ABRAHAM II. HERR,

ABRAHAM II. HERR,
BENZ. NJ. PLUMB AND LIZZIE PER LEE
PLUMB, HIS WIFE, AND OTHERS.
Lathe Circuit Court for Montgomery County,
as a Court Of EQuify:
TNHE object of this suit is to vacate and
Il set aside the following deeds, viz a deed
from Benjamin N. Plumb and Lizzie Per Lee
Plumb, his wife, 10 H. Ralph Prentice, bear
ing date the fifth day of November, in the
year 1872, conveying about ffty-seyen acres
Of laud, lying and being in Montgomery
| county, and particularly described in said
deed and "a deed from the said II. Ralph
Prentice and Mary Prentice, his wife, bearing
the same date, conveying the same lands TO
II certain A6ram J. Per Lee, in trust TO Sc
cure 10 the said Lizzie Per Lee Plumb the
payment of the sum of $4,000 90; and to pro-
cure a decree for the sale of the lands mem
toned and described in said deeds, or SO
much thereof ms may be necessary for the pur-
pose of paying the compliments claim, and
the claims OF such other creditors of the said
Benjamin NJ. Plumb and Lizzie Per Lee
Plutab, his wife, as will come in and contri-
butte to the expense Of this suit.
The Bill states that the said Benjamin NJ.
Plumb and Lizzie Per Lee Plumb, his wife, OF
Washington City, in the District of Column
bia, were indebted unto the complainant in
the sum of thirty-five hundred dollars, with
interest thereon from the twenty-fourth day of
June, in the year 1871, by reason of y certain
promissory note drawn in the City of Wash
ington by said Benjamin NJ. Plumb and Liz
ze Per Lee Plumb ia favor of II certain Henry
| G. Gill, bearing date the oath day of June,
in the year 1871, for the sum of $500 co.
with interest thereon from date at the rate of
ten per cent. per annum, payable semi-annu-
ally, and endorsed by the said Henry c. Gill
to the complainant; and on the 30th DAY of
January, in the year 1878, a payment was
made on said note, by judicial sale of GER
tain property in the City of Washington, of
the sum of S2624 81, leaving balance due
the complainant of the sum of eight hundred
and seyenty-five dollars and sixty three cents
with interest thereon from said 30th day of
January, in the year 1878, at the aforesaid
rate of interest.
The Bill further states that the complainant
being unable to find any property belonging
to the said Benjamin NJ. Plumb aud Lizzie
Per Lee Plumb, his wife, or either Of them,
in the District of Columbia, out of which his
said claim could be realized, on the 23d day
of May, in the year 1878, caused writ ofat
tachment TO be issued out Of the Circuit Court
for Montgomery county, against the lands,
tenements, goods, chattels and credits of the
said Benjamin NJ. Plumb and Lizzie Per Lee
Plumb, his wife, under and by virtue of which
said writ of attachment, the Sheriff of Mont
gomery county did, on the 28th day Of May
in the year 1878, seize and attach all the right
title, claim and interest Of the said Benjamin
NJ. Plumb and Lizzie Per Lee Plumb, his wife,
in and to a certain tract, part Of a tract, piece
or parcel of land, lying and being in said
Montgomery county, which was conveyed to
the said Lizzie Per Lee Plumb by certain
John Straining and wife, by deed bearing
date the 9th day of September, in the year
1871, all of which will more fully and at
large appear by reference to properly cert-
fed copy of said attachment proceedings filed
with the bill and marked Complainant's Ex-
hibit, No. |.
The Bill further states, that certain John
Slraning and Mary Straining, his wife, by
deed bearing date the 9th day of September
in the year 1871, and recorded among the
Land Records of said Montgomery county,
| in Liher b. Is P, No. 10, conveyed to the
said Lizzie Per Lee Plumb, certain lands lying
and being in said county and particularly
described in said deed as win appear by
reference to a certified copy thereof filed with
| the bill as Compliments Exhibit, No. 2.
| The Bill further states, that the said Benz
| NJ. Plumb and Lizzie Per Lee Plumb, his
wife being indebted as aforesaid to the Com
| painant did, on the 9Th day of November, in
the year 1872 profess to convey by deed IN
fee the whole Of said lands TO a certain II.
Ralph Prentice of Washington city, in the
the District Of Columbia, for a pretended
consideration Of six thousand dollars, and
on the same day the said II. Ralph Prentice
and Mary Prentice, his wife, pretended to
convey the said lands 10 d certain Abram
J Per Lee, in trust 10 secure to the said
Lizzie Per Lee Plumb the payment of a sum
Of six thousand dollars as the purchase money
for said lands, all of which will more fully
| appear by reference TO certified copies of said
deed filed with the bill and marked Com
plainant's Exhibit, Nos 3 and 4.
The Bill charges that said deed from the
said Benjamin NJ. Plumb and Lizzie Per Lee
Plumb, his wife to the said II. Ralph Prem
tice was not in fact recorded until the nine
tecnth day Of May, in the year 1873, more
than six months after the date Of the eXecu-
ton, although through some inadvertence or
mistake on the part Of the Clerk or for some
other cause 10 the complainant unknown, il
seems to have been recorded Oh the fifth day
of May in the year 1873. And the complain
ant is ad vsed that by virtue of the provisions
of the law of the State relating to the regis
tration of deeds, the said deed would have
validity aud effect only as a contract to con
vey said lands, had the same been made in
good faith and for valid and valuable consid-
GRAFTON, inasmuch as the complainant was a
creditor of the aforesaid Benjamin NJ. Plumb
and Lizzie Per Lee Plumb, his wife, before
the recording of said deed and had no notice
of the existence thereof, and that he is enti-
tied to all the legal and equitable rights and
advantages resulting from the facts above
stated But the complainant further charges
that the said deed from the said Benjamin
NJ. Plumb and Lizzie Per Lee Plumb, his wife,
to the said H. Ralph Prentice, and the deed
Of trust from the said II Ralph Prentice and
to the said Abram J. Per Lee were not made
in good faith but were frauduently made,
not for J0na .fde, but for simulated and pre-
tended considerations, and were made to him
der delay and defraud the complainant and
the other creditors Of the said Benjamin NJ.
Plumb and Lizzie Per Lee Plumb, his wife
Of their just and lawful debts and 10 defeat
any efforts Of the complainant and the said
other creditors TO subject said lands to the
payment of the just and lawful debts OF the
said Benjamin NJ. Plumb and Lizzie Per Lee
Plumb, his wife; And the same are therefore
void.
The Bill further charges that the said sum
Of S855.63, with interest thereon from the
Both day of January, in the year l873 at the
rate Of ten per cent. per annum, still remains
due and owing TO the complainant And that
the said Benjamin H. Plumb aud Lizzie Per