Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1893-07-07

TINE OBJECT Of this suit is to vacate and
Il set aside deed from the defendant,
Walter Kempsier, to the defendant, Philetus
Sawyer, dated the fifteenth day of February,
10 the year eighteen hundred and ninety
two, and 10 subject the lands thereby sought
to be conveyed to the payment of the plain
tiffs claim.
The Bill states
/. That in the winter of the years 1890
and 1891, the plaintiffs were conducting the
National Hotel, in Washington, d. c., under
the firm-name and style of +. Tenny Co,
and that the defendant, Walter Kempster, is
indebted unto them AS the proprietors of said
hotel in the sum Of two hundred and sixty
six dollars and fifteen cents for board and
lodging furnished certain H. A. Howes, at
the quest OF said Kempster, from the TWEEN
ty-seventh day of November, in the year
eighteen hundred and ninety, to the third
day Of March, in the year egteen hundred
and ninety-twO, for the amount of which
hotel bill the said Walter Kempsler, by his
written agreement, dated the seventeenth day
Of December, in the year eighteen hundred
and ninety, had agreed to become personally
responsible.
2. That when said debt was contracted the
said Walter Kempster was the owner of
tract of land, lying and being in Montgom-
cry county, in the State OF Maryland, called
part of "Carderock," and containing one
hundred and ffty-two acres of land, more
or less
3. That on the fifteenth day of February,
in the year eighteen hundred and ninety
two, the said Walter Kempster. by his deed
of that date, which was not filed for record
in the Office of the Clerk Of the Circuit Court
for Montgomery county until the eighth day
OF March, in the year eighteen hundred and
ninety-three, conveyed said lands 10 a certain
Philetus Sawyer for the nominal considera-
ton, as expressed in said deed, one dollar.
4. That at the time said deed was executed
the said Walter Kempster had not nor has
now any other property from which the claim
OF the plaintiffs or Of any other then subsist-
ing creditor of the said Walter Kempster can
be collected, and that said deed being volun-
iary and for merely nominal consideration,
is fraudulent and void rs against the claim
of the plaintiffs and OF all other subsisting
creditors OF the said Walter Kempster, and
should therefore be vacated, annuled and
set aside, and the property thereby convey ed !,
or 80 much thereof AS may be necessary for
the purpose be subjected to sale for the pay
menl OF said claim.
5. That the said Walter Kempster and
Philetus Sawyer do not reside in the State of
Maryland.
q. The prayers of the bill are for decree
vacating said deed and directing that the
property thereby conveyed, or so much there
OF as may be necessary for the purpose, be
sold for the payment OF the plaintiffs claim
and tor general relief.
II is thereupon, this first day OF July, in
the year eighteen hundred and ninety. three
by the Circuit Court for Montgomery county,
AS Courl of Equity, ordered that The plain
tins, by causing copy OF this order TO be
inserted in some newspaper printed and pub
lished at Rockville, in said Montgomery
county, once in each OF four successive weeks
before the second day OF August next, give
notice 10 the absent defendants OF the oblec
and substance OF the bill, and warn them to
appear ia this Court, in person or by solicit
tor, on'or before the nineteen b day of Aug
ust next, 10 show cause, if any they have,
why decree should not be passed MS prayed
JAMES ANDERSON, CIk
Circuit Court for Montgomery county.
True copy-Test:
july Tat JAMES ANDERSON, UPk.