Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1875-08-13
ORDER OF PUBLICATION.
JOHN G. II. FRANCK,
LEON W. GuINARD AND OTHERS.
In the Circuit Court for Montgomery County,
sitting as Court Of Equity.

TNHE object OF this suit is to procure a
decree directing deed OF trust from
William NJ. Darcy and Anna NJ Darcy, his
wife, 10 Jacob Bool and Hilleary Il. OMIT,
| 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 lG. Of the Code Of Public General
Laws of Maryland, declaring null and void
deed of trust executed by the said William
e. Darcy and Anna NJ. Darcy, his wife,
bearing date the thirtieth day of March,
eighteen hundred and seventy-one, TO lIilleary
l.. Offutt, or postponing the same TO the atore-
| said deed of trust TO the said Bool and Offutt,
and directing the lands and premises men
toned in the bill to be sold for the payment
of the complai nants unpaid purchase money
with interest thereon and costs of the suit,
also order granting TO the complainanis
the States writ OF injunction restraining and
strictly prohibiting Leon w. Guinard,
Hlleary l.. Offutt and james l.. Barbour from
transferring, assigning or otherwise dispos-
ing the of the six promissory notes secured
by the aforesaid deed Of trust TO Hilleary j..
! Offntt 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 thirtieth
day of March. eighteen hundred and seventy
one, that John G. r. Franck, the complainant
in this suit, was seized in his demesne, rs Of
fee Of certain piece or parcel of land lying
in Montgomery county, Maryland, containing
three quarters of an acre, more or less, improy-
ed by dwelling house, store and barn; and
on the thirtieth day of March, eighteen hun
bred aud seventy-one, the complainants
offered to sell said land 10 Il certain William
&. 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 TO be secured by three prom
| issory notes of the said William f. Darcy
and deed of trust on said lands payable in
the amounts and a the times aforesaid.
The bill further states that the complainant
and his wife, Sarah G. Franck in pursuance
OF said agreement did on said thirteih day
of March, eighteen hundred and seventy-one,
| execute deed of conveyance to the sad
Darcy, and that the complainant took from
said Darcy his three promissory notes dated
said thirtieth day Of March, eigrteen hundred
and seventy lone, each for the sum of one
thousand dollars payable as above stated, Sc
cured by deed of trust OF even date there
with, executed by said Darcy and Anna NJ,
his wife, to Jacob Bool and Hilleary l..
0futt
The bill further states, that a certain Leon
W. Guinard, of Washington City D. e. was
present at and participating in the negotia-
ton for said purchase, and 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
tor the balance Of the unpaid purchase mon
ey Of said land so sold as Aforesaid by the
ron nj "a ma IN. 40 vi, a..
complainant expressed anxiety as to the
prompt payment of said notes, the said Gut
nard told him 10 feel none as he, said q uinard,
would pay said notes in case OF default being
made by said Darcy, as he the said Guinard
was backing said Daicey; and that the said
Guinard did pay TO the complainant the su n
OF eighteen hundred dollars, part Of the cash
payment, 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 as 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 ard circumvent the complainant and
to defrau d him out OF the balance of his pur-
chase money, to wit, the deferred paymen,
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 a decd OF trust 10 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 as 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 mon his from date, one for the
OF sum three hundred dollars, fifteen months
after date; and one for the sum of three
hundred dollars, eighteen months after date,
which said deed OF trust was made to Hilleary
Il. Ohut 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 bill further states, that the complain
ant is credibly informed and verify believes
that the said Guinard has been fully paid the
said sum of eighteen hundred dollars, so ad-
vanced by the said Guinard to 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 Offutt 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 bill further states that the said Gui-
nard Notwithstanding his participation as
aforesaid and his know ledge of the complain
ants yendor's lien for the unpaid purchase
money on said property is claiming priority
over the complainant and is seeking 10 en- |
force the collection of bis said notes, SO Sc
cured as aforesaid by said deed of trust to |
the said Hilleary L. Offntt and James l.. Bar
bour to 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.
1t is therefore adjudged and ordered, that |
the complainant by causing copy of this |
order TO be inserted in some newspaper pub |
lshed at Rockville, once in each of four |
successive weeks before the fourth day OF |
September,in the year eighteen hundred and |
seventy-hve, give notice to the absent defen- |
dants of the object aud substance of this bill, |
and warn them appear in this court in per-
son or by solicitor on OF 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:
ID u FNTsN-