Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1873-06-27


No. Sl4, Equity, to 1878.
The object of this suit is to compel specific
performance by the defendants OF q written
agreement for the sale of certain lands lying
and being in Montgomery county, in the State
OF Maryland. entered into between the COM
plainant and defendants, Americas Dawson
and Silas Kinney, on the eighteenth day Of
July, in the year 1871, and in default Of said
specific performance TO procure a decree for the
sale of said lands to pay the balance of the
purchase money due thereon.
The Bill states that the complainant being
seized and well entitled in fec simple to a 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-oGe, entered into and
signed memorandum or agreement respect
ing the said sale and purchase in the words
following that is 10 say.
Articles of agreement made and concluded
this 18th day Of July 1871, by and between
Lemuel Clements, Trustee and Executor Of
u
and Americas Dawson and Sias Kinney OF the
other part, all of Montgomery county, in
the State of Maryland, witnesseth that the
said Lemue 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 g Rich
Valley" containing three hundred and thirty
three acres Of land, more or less, (this agree
AZ, Ify.I
Fork of Grubby Ill., containing three hun
dred acres) on the following terms. TO witt
The sum OF fifteen hundred dollars to be paid
on the first day Of January, 1872, and the re-
naming sum O. three thousand dollars to be
paid in two equal installments, at one and two
years respectively from the said first day of
January, 1872, and TO bear interest from said
LIST day Of January, 1872, the interest TO be
paid annually on the deferred payments, and
upon the payment of the cash payment a deed
is to be made to the said Dawson and Kinney
for the said land, and the said Dawson
and Kinney are to give TO the said Clements
deed of trust for the deferred payments as
hereinhefore 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
hercinbefore set forth, and IL is expressly I'M
derstood between the parties hereto, that the
rent for the present year is expressly reserved to
the said Lemue Clements, and the said Lem
uel Clements is to pay the taxes for the pre-
sent year.
Witness our hands and seals.
LEMuEL CLEMENTS, GSEAL.
Signed, AMERICUS DAWSON, 1SEAL.
SILAS KINNEY, [SEAL
The Bill further states that the said Ameri
Gus Dawson aud Sins Kinney under and by
virtue Of the said agreement took possession
Of the tract of land, and on the 9th day o!
May, A D., 1872, the said Americus Dawson
paid to the complainant the sum Of fifteen
hundred dollars as part of said purchase
money.
The Bill alleges that the complainant has
always been ready and willing 10 perform his
part of the said agreement, and is now ready
so TO do, but so it is that the said Americas
Dawson and Sas Kinney have refused 10 give
the deed of trust as agreed to be given, and
although the payment 10 be made on the first
day OF January, 1873, and the interest for one
year on the last 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 to
a certain Dorothy Kinney, as will appear By
reference TO Il properly certified copy Of said
deed filed with The bill.
The prayers of the Bill are that the said
Americas Dawson and Silas Kinney may be
compelled by the decree Of this court specih-
caly 10 perform the aforesaid agreeme mt, and
that in dcfant Of said specific performance, u
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 subpmnas have
been issued against the said Dorothy Kinney
in this cause, directed to the Sheriff Of Bati-
more city, her last known residence, and
both Of said subpmnas have been duly re-
turned by said Sheriff to this Court endors-
cd Non Eat,
1t is thereon this tenth day Of Jane in the
year eighteen hundred and seYenty-three, by
said Circuit Court for Montgomery county, as
a Court Of Equity, and by the authority there
Of adjudged and ordered, that the complain
ant by causing copy of this order to be in
serted in some newspaper printed 10 said
Montgomery county, once in each Of -four sue
cessve weeks before the seventh day Of July
next give notice 10 the said Dorothy Kinney,
one Of the defendants in this cause, Of the
object and substance of this bill and warn her
to appear in this Court on or before the sew
enth day Of October next, in person or by
solicitor, and show cause, if any she have,
why a decree ought not to pass as prayed.
w. VEIRS BOUIC, Judge
OF the Circuit Court.
True copy-Test;
E. b. PRETTYMAN, CPk.