Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1875-08-27
ORDER OF PUBLICATION.
JOHN G. r. FRANCK,
vs..
LEON w. GUlNARD AND OTHERS.



Il decree directing deed OF trust from
William NJ. Darcy and Anna III. Darcy, hi!
wife, to jacob Bool and Hilleary l., 0flutt
bearing date the thrteth day Of March
eighteen hundred and seventy-one, to be re
corded in pursuance of the pro, isons of See
30, Article Is. Of the Code of Public General
| Laws of Maryland declaring null and void Il
deed Of trust executed by the said William
r.. Darcev and Anna NJ Darcy, his wife
bearing date the Ihiltieth day of March
eighteen hundred and seventy-one, to ililleary
l.. OHutt, or postponing the same to the afore-
said deed of trust to the said Bool aud 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 Gunard
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 TO Hilleary H.
| Ofutt and james l.. Barbour, and from pro-
cecding 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 @ r. Fmnck, 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 OF an acre more or less, improv-
ed by IL dwelling house, store and barn; and
on the thirlieth day Of March, ely hteen hun
dred aud seventy-one, the compananls
offered to sell said land to certain William
e. Darcy, who agreed TO purchase it of the
| complainant for the sum Of five thousand
dclArs-two thousand cash on day of sale
one thousand two years from day of sale, ore
| thousand dollars four years from day OF sale,
and ore thousand dollars five years from day
of sale, the deferred payment to bear interest
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 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 thrtieth day
of March, eighteen hundred and seventy lone,
execute a deed Of conveyance TO the said
Darcy, and that the complainant took from
said Darcy his three promssory notes dated
said thirtieth day of March, eigrteen hundred
and seventy-one, each for the sum of one
thousand dollars payable us 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..
Offutt.
The bill further states, that a certain Leon
w. Guinard, of Washington City b. g. was
present ut and participating in the negotia-
ton Tor said purchase, ANA also at the execu-
ton Of said deed and deed of trust and was
fully conversdnt with all occurred with ref
eTence 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 as aforesaid by the
complainant to said Darcy and when the
complainant expressed anxiety as to the
prompt pay ment Of said notes, the said Gut
nard told him 10 feel none as he, said Guinard
would pay said notes in case OF default being
made by said Darcy, as he the said Guinard
was backing said Darcy; and that the said
Guinard did pay 10 the complainant the su n
Of eighteen hundred dollars, part Of the cash
payment, for said property for the said bar
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 I'd,
purchase money.
The bill states further and charges that til,
said Leon w. Guinard notwithstand his sale
knowledge participated and undertaking il
the premises, conlriving and intending t
cheat and circunvent the complainant and
to defraud him out Of the balance Of his pur
chase honey, to viii, the deferred paymen
for his said property, secretly and withon
the knowledge Of the complainant and b,
collision with said Darcy Obtained from til,
said Darcy aud wife said thiriieth day
Of March, eighteen hundred and seventy one
the execution Of II deed OF trust TO secure tt
him, the said Guinard, the payment of sale
sum Of eighteen hundred dollars with inter
est thereon from date, at the rate of eigh
per cent. per annuIn, according to the tenoi
his six proniissory notes Of even date there
with, payable rs follows, one for the sum o
| rec
date; one for the sum Of three hundred dol.
lars, six months after date one for the sun
Of three hundred dollars, nine months from
date; one for the sum Of three hundred dol
lars, twelve months from date one for tbt
Of sum three hundred dollars, fifteen month
after date; and one for The sum Of thre
hundred dollars, eighteen months after date
which said deed Of trust was made to llileary
h. Ofutt and james l.. Barbour TO secur
the payment of the aforesaid sum Of none,
was duly recorded among the Land Record
, Of said Montgomery County, on The seventh
day Of April, 1871, at the request Of sait
Darcy.
The bill further states, that the complain
ant is credibly informed and verify believe
that the said Guinard has been fully paid th
said sum Of eighteen hundred dollars, so ad
vanced by the said Guinard 10 said Darcy
and that the aforesaid deed Of trust, even j
The bill further states that The said deed o
trust executed by the said Darcy and wife tt
the said Olfutt and Bool was not recorded
within six months from the date of its execu
Z ton, nor until the sixteenth day of May
eighteen hundred and seventy-two.
The bill further states that the said Gu
nard notwithstanding his participation nj
aforesaid and his knowledge Of the complain
ants 5endor's 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 HILLARY i. Ofutt 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.
II is therefore adjudged and ordered, that
the complainant by causing n 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
seventy-fye, give notice to the absent defen-
danis Of the object aud substance Of this bill,
and warn them appear in this court in per-
sou or by solicitor on or before first day Of
January next, to answer the premises and
show cause, If any they have why decree
ought not to pass as prayed.
RICHARD J. BOWIE,
Chief Judge of the Sixth Judicial Dis
trict, Nd.
True copy-Test;
aug 6--4t e. b. PRETTYMAN, CPk.
Notice to Creditors.
NOTICE is hereby given that the snbscri-