Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-03-04

In the Circuit Court for Montgomery county.
as Court of Equity. No. 2545 Equity.
THE OBJECT of this suit is to procure
decree decreeing right-of-way from a
tract of land containing $500 acres is not
lost or extinguished by a Trustees Sale,
and an injunction restraining the defend
ants from 0bstructing said right-of-way.
The amended bill states that Joseph C.
Ramage owned tract of land in Mont
| gOmery county called walnut HILL" con-
tanning 1893 acres, and that he conveyed il
by deed OF trust to secure the payment of
$500, and afterwards conveyed a part of
said land to George A. Frazer containing
1858 acres and reserving a right-of-way
from a parcel of land containing 25.O9
acres in the southeast corner of the whole
tract to the public road described as the
road leading from Veirs' Mill to the Rock
vile and Georgetown Turnpike, and the
said George A. Frazer assumed the paw
ment of the whole of said deed of trust
and that after making said conveyance to
George A. Frazer, Ramage conveyed said
25.09 acres to the plaintiff together with
said right-Of-way.
That the note secured by said deed of trust
was not paid at maturity and the trustees
sold at public auction the portion of said
land conveyed to said George A. Frazer to a
certain Robert A. Miller for SIG, 900, which
sale was confirmed by the Circuit Court for
Montgomery county, as Court of Equity.
mat said Miller was acting as the agent
OF George A. Frazer and that the purchase
money was paid by George A. Frazer, and
that said sale was permitted by said
George A. Frazer to be made with the sole
object OF fraudulently divesting the plain
TN OF his right-Of-way across said tract of
land so as aforesaid conveyed to her.
That said Robert A. Miller and wife con-
Veyed the property so sold to him to Joseph
W. Cox and A. E. l.. Leckie, Trustees, to
secure the payment OF promissOry note
for $500 payable to James S. Frazer and
SAID Robert A. Miller and wife conveyed
said land to James S. Frazer and George
b. Frazer to secure a certain other promis-
sorry note for $500 payable to the order
OF George A. Frazer and that Robert A.
Miller and wife afterwards conveyed said
land to the Taggart-Frazer COMPANY.
corporation incorporated under the laws of
the State OF Oklahoma, subject to the liens
of said deeds of trust
That the holders of the notes secured nv
said deeds of trust had full knowledge of
all the facts set forth in the amended bill
before they took the notes and that the
Tageart-Frazer Company had full knowl-
edge OF the facts, because James S. Frazer,
one OF the executive and administrative
officers Of the Taggart-Frazer Company,
was the agent of his mother, George A,
Frazer, in carrying out the plans to have
said sale made to said Robert A. Miller.
That all of the defendants reside in the
city OF Washington, in the District of Co.
lumbia, and are n0n-residents of the State
of Maryland, except the Tageart-Frazer
Company, which is Incorporated under the
laws OF the State of Oklahoma and is do
ing business in the city of Washington,
In the District of Columbia, and is also
nonresident of the State of Maryland.
1t is thereupon this 18th day of Febu,-
airy. A. d. 1910, ordered by the Circuit Court
Tor MONTGOMERY county, in Equity, that the
plaintiff, by causing copy of this order
TO be inserted in some newspaper pub
llshed in said Montgomery county, once in
each OF four successive weeks before the
18th day of March, A. D. 1910, give notice
to the said absent defendants of the object
and substance of this bill, warning them TO
appear in this court in person, or by solicit
tor. on or before the 18th day of April next
to show cause, if any they have, whv
decree ought not to be passed as prayed
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True copy-Test:
JOHN L. BRUNETT.
IeD E0-td Clerk