Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1875-08-06

TIME object of this suit is TO procure a
Il decree directing deed OF trust from
William NJ. Darcy and Anna NJ. Darcy, his
wife, to Jacob Bool and Hilleary l.. Offuit,
bearing date the thirtieth day OF March.
eighteen hundred and seventy-one, TO be re-
corded in pursuance of the provisions Of Sec.
20, Article Is. of the Code of Public General
Laws of Maryland, declaring null and void
deed of trust executed by the said William
+. Darcy and Anna NJ. Darcy, his wife,
bearing date the thirtieth day of March,
eighteen hundred and seventy-one, to Hilieary
l.. Offutt, or postponing the same to the afore-
said deed of trust to the said Bool and Offutt,
and directing the lands and premises mem
toned in the bill to be sold for the payment
Of the complainants unpaid purchase money
with interest thereon and costs of the suit,
also an order granting TO the complainants
the States writ Of injunction restraining and
strictly prohibiting Leon W. Guinard,
Hilleary l.. Oifutt and james l.. Barbour from
transferring, assigning or otherwise dispos-
ing the of the six promissory notes secured
by the aforesaid deed of trust 10 Hilleary l..
Offutt and james L. Barbour, and from pro-
ceeding to enforce the collection of said notes
or execution of said deed of trust against
said lands mentioned in the bill.
The bill states that prior to the thirteth
day of March. eighteen hundred and seventy
one, that John G. r. Franck, the complainant
in this suit, was seized in his demesne, as of
fee of certain piece or parcel of land lying
in Montgomery county, Maryland, containing
three quarters ofan acre, more or less, improv-
ed by dwelling house, store and barn; and
on the thirtieth day of March, eighteen hum
dred and seventy-one, the complainants
offered to sell said land to certain William
E. Darcy, who agreed to purchase it of the
complainant for the sum of five thousand
dollars-two thousand cash on day of sale,
one thousand two years from day OF sale, one
thousand dollars four years from day OF sale,
and ore thousand dollars five years from day
of sale, the deferred payment to bear interes,
from date and 10 be secured by three prom
issory notes of the said William E. Darcy
and deed of trust on said lands payable in
the amounts and at the times aforesaid.
The bill further states that the complainant
and his wife, Sarah G. Franck, in pursuance
of said agreement, did, on said thirtieth day
of March, eighteen hundred and seventy-one,
execute II deed of conveyance to the said
Darcy, and that the complainant took from
said Darcy his three promissory notes dated
said thirtieth day of March, egrteen hundred
and seventy-one, each for the sum of one
| thousand dollars payable as above stated, Sc
cured by a deed OF trust of even date there
with, executed by said Darcy and Anna NJ,
his wife, 10 Jacob Bool and Hilleary l..
0ffutt
The bill further states, that certain Leon
w. Guinard, of Washington City D. Z. was
present at and participating in the negotia-
ton for said purchase, ana also at the execu-
ton Of said deed and deed OF trust, and was
fully conversant with all occurred with ref
erence TO the same and well knew that The
said notes and deed of trust aforesaid were
for the balance Of the unpaid purchase mon
ey Of said land SO sold us aforesaid by the
complainant to said Darcy, and when the
complainant expressed anxiety as TO the
prompt payment OF said notes, the said Gut
nard told him 10 feel none as he, said Guinard
would pay said notes in case oi default being
made by said Darcy, as he the said Guinard
was backing said Darcy; and that the said
Gunard did pay 10 the complainant the su u
of eighteen hundred dollars, part OF the cash
pay ment, for said property for the said Dar-
cey, without which payment the complainant
would not have sold said property to said
Darcy or have accepted said notes and deed
of trust us security for the balance OF the
purchase money.
The bill states further and charges that the
said Leon w Guinard notwithstand his said
knowledge participated and undertaking in
the premises, contriving and intending to
cheat and circumvent the complainant and
to defraud him out of the balance of his pur-
chase money, to wit, the deferred payment
for his said property, secretly and without
the knowledge of the complainant and by
collision with said Darcy obtained from the
said Darcy and wife on said thirtieth day
of March, eighteen hundred and seventy one,
| the execution of deed of trust to secure to
him, the said Guinard, the payment of said
| sum of eighteen hundred dollars with inter
| est thereon from date, at the rate of eight
| per cent. per annum, according to the tenor
his six promissory notes of even date there
| with, payable rs follows, one for the sum OF
| three hundred dollars three months from
date; one for the sum of three hundred dol
| lars, six months after date; one for the sum
of three hundred dollars, niue months from
date; one for the sum of three hundred dol
lars, twelve months from date one for the
of sum three hundred dollars, fifteen months
after date; aud one for the sum of three
hundred dollars eighteen months after date,
| which said deed of trust was made to Hilleary
Il. Ofutt and James l.. Barbour to secure
the payment of the aforesaid sum of money
was duly recorded among the Land Records
of said Montgomery County, on the seventh
day of April, 1871, at the request of said
| Darcy.
The billfur,her states, that the complain
ant is credbly informed and verify believes
that the said Guinard has been fully paid the
said sum of eighteen hundred dollars, SO adj
vanced by the said Gunard 10 said Darcy,
and that the aforesaid deed of trust, even if
not fraudulent, has been fully discharged.
The bill further states that the said deed of
trust executed by the said Darcy and wife TO
| the said 0ffutt and Bool was not recorded
within six months from the date of its execu-
ton, nor until the sixteenth day of May,
| eighteen hundred and seventy-two.
The DILL further states that the said Gui-
nard notwithstanding his participation as
aforesaid and his knowledge of the complain
ants vendors lien for the unpaid purchase
money on said property is claiming priority
over the complainant and is seeking TO en-
! force the collection of bis said notes, so Sc
cured as aforesaid by said deed of trust to
the said Hilleary l.. Offutt and James l.. Bar
bour 10 the exclusion of the complainants'
claim to the great wrong and injury. And
the bill further states that the said Leon W
! Guinard and James L. Barbour are non resi-
dents OF the State of Maryland.
II is therefore adjudged and ordered, that
the complainant by causing copy of this
order to be inserted in some newspaper pub
| lished at Rockville, once in each of four
successive weeks before the fourth day of
September, in the year eighteen hundred and
seyenty-fve, give notice to the absent defen-
dants of the object and substance of this bill,
and warn them appear in this court in per-
son or by solicitor on or before first day of
January next, to answer the premises and
show cause, if any they have why a decree
ought not TO pass as prayed.
RICHARD j. BOWIE,
Chief Judge of the Sixth Judicial Dis
trict, Md.
True copy-Test:
aug 6-4t E. B. PRETTYMAN, Crk.