The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1894-03-16

NHE OBJECT of this suit is to have GER
i tain paper writing purporting TO be Deed
OF Trust from Thomas A. Mitchell and Ida
A. Mitchell, his wife, the former now deceased,
to VIM. +. HELEN, Trustee, dated March 2lst
1890. recorded 10 Liber J. w. B. Is, folio 143,
one of the Land Record Books of Prince
Georges County, Md, decl red void.
The Bill of Comp Amt alleges that the
plaintiff is seized in fee simple of l29 acres OF
land, situated in said State and county, at
Arowick Station on the Baltimore and Polo
mac r. r., being part of Mtchel's sub
division at Ardwick' which title he acquired
by deed from Charles A. Wells and wife ia ed
January 4, 1894: that the said Charles A..
Wells acquired title by deed from R. W.
Beall, formerly Sheriff of said county, dated
June 9th 1892 and recorded in Liber j. w
B. No. q folio $40, the said r w. Beal hav-
ing sold said land unGer two judgments OF
condemnation al the suit OF Charles A. Wells
VS.. Thomas A. Mitchell, one dated January
18th, 1891 and the other April 9th, 1891,
which two judgments were obtained in the
Circuit Court for Prince Georges county bas-
ed upon attachment writs issued out of said
Court and laid upon said land returned as such
to the October Term of 1890 OF said Count;
that at the time of the execution Of said pre-
len ded trust and the issuing of said writs the
said Thomas A. Mitchell a nonresident of
the State of Mary land was indebted unto the
81 id Charles A. " ellis in the sum of abou
S422 10 and being so indebted and with in
tent to defraud the said G.. A. Wells, executed
TO the said VIM. F. HELEN the paper writin-
purporling to be a deed Of trust on the said
LIact OF ind; he then owning 10 'ther pro- =
eIty i'll SAID county, to secure certalr
promissory notes drawn by the SAID
Thomas A Mitchell in favor of The said VIM.
w. Hall for $1,000, the said notes bearil g date
tt SAID Trust aud being referred to as fol-
lows: One noe for 5000 payable in six
months; OF for $1,000, payable in II months;
one for 5000 in Is months; one for $1,000 in "a
months: for 5000 in So MOI IS after date:
and that said Trust was wholly fictitious,
without consdera ion, fraudulent and void,
and as the bill II ges, he, the said Thomas A.
Mitchell, not owing the said VIM. w. Hall any
such sum or any other sum at that time, the
said Trust operates as cloud upon the plainl-
if S title TO said real estate; that the defend
ants are non residents Of the State of Mary
land. The bill prays that the said pr,t ,nded
Trust may be annulled by lis court aud tha'
the notes elen referred to, be decreed to be
cancelled.
1t is therefore this 18th day of February
1894, ordered that VIM. F. HELEN, Trustee,
VIM. W. Hal, beneficiary, and the person OF
persons holding. if any, the aforesaid truS
u IS, whose uames are averred 70 be unknown
t. The plaintiff. en- er their appearance herein
on or before the 10Th day OF March, next
otherwise the bill of complaint my be taken
AS confessed by lhrm, provided a copy Of this
order shall be published in some newsp .per
published in Prince Georges County Md,
once a week for four successive weeks betor
The l6 day of March, A. D. 1884, giving t.
the said absent defendants notice Of the object
and substance of this bl and warning them
to be III this Court in person or by Solicitor
on or before the second day of April, 1884, to
answer the premises and show cause if any
they lave, why the cecree should not pass as
pray ed.
J hin B. BROOKE, A. J.
True Copy JOHN w. BELL,
Test: Clerk.
DUCKETT & DENT,
Solicitors for ri in,iff.