Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1911-04-21


In the Circuit Court for Montgomery county,
Maryland, in Equity. Equity No. 27O4.
THE OBJECT of this suit is to obtain a
decree appointing a t1fstee in the place of
Frank 0. Rappanier Under a certain deed
Of trust froW HarN,M Martin to William
M. Cowen Sf11 Fink o. Rappanier and to
sell the hnA described in said deed of
trust because of default of the maker of
the note secured by said deed of trust to
pay the same according to its terms. The
bill in substance states that Harry M Mar
tin was on July 80, A. D. 1910, indebted to
the complainant in the sum of three thou
sand and fifty dollars and executed his
promissory note payable to the order of
the complainant in monthly instruments
OF not less than one hundred and fifty dol
lars and to secure the prompt payment of
said note made and executed deed of
trust to William M. Cowell and Frank O.
Rappanier upon the following described
lands:
Situate in Montgomery county, Mary
lend, known and distinguished as first,
Lot No. in the division of the real es-
tate Of James Rannie, deceased being
part of a tract of land called "Enster
Rectified and Divided" and part of tract
of land called Garter Lost, and contained
within the metes and bounds, courses and
distances following, to-wit:
Beginning at stone planted on the
sixth line of the aforesaid tract called
Garter Lost, it being the beginning of a
conveyance from John Rabbit and wife
to James Rannie, bearing date the 7th day
of January, in the year 1916, and also the
end of the 18th line of a tract of land
called Bill Pre-" and running thence with
said conveyance, with "a degrees allow
ance for variation, the four following
courses and distances, to-wit: North SIS IA
degrees west, 8 $40 perches; thence south
" Sd degrees west, As perches to the end
OF the south line of Garter Lost" south
"a degrees west, IS perches to .the end
OF the second line of said land south ~ 1-2
degrees west. II perches to the Washing
ton and Bro0keville pike, then leaving the
outlines Of said conveyance, and running
thence still same course south 72 1-2 de-
grees west, | perch then running up and
bounding in said pike north rs "a degrees
west, SO perches; north 8 1-2 degrees west.
so perches; north "a degrees west, so 1-2
perches; north 10 ia degrees east, 81 $40
percheS to point in the centre of said
pike and on the second line of the deed
from John L. Beall to Samuel Allen then
with the lines of said deed reversed with
3 Ia degrees allowance for variation and
bounding in the Rockville road north 72 "a
degrees east, IS 12 perches south So IA
degrees east, As perches to the beginning
OF said deed; thence south 8 ia degrees
west, 81 perches to the stone at the place
of beginning, containing SO acres, more or
less.
Second, part of a tract of land called
The Triangle, contained within the metes
and bounds, courses and distances follow
ing, tO-wit:
Beginning at stone placed at the end
of the second line of Garter Lost" and
running thence with said line north 80 de-
erees east, 81 perches; then south As 1-2
degrees west, II perches to bounded dog
wood tree; then south 81 1-2 degrees west,
~ 6-lO perches TO a stone then north
"a degrees east, As $40 perches to in
tersect the second line of The Triangle"
at the end of 80 perches on said line
then with said second line north 40 "a
degrees west, perch to the end thereof
then reversely with the north line of En-
ster Rectified' south "a degrees west, IS
perches to the beginning. All bearings re-
quirine three-fOurths of degree for varia-
ton, A. D. 1894, containing 1-2 acres of
land, more or less, together with all the
improvements in anywise appertaining and
all the estate, right, title, interest and claim.
either at law or in equity, or otherwise
however, of the party of the first part, of,
in, to, or out of the said land and premises.
That one of the provisions of said deed
Of trust was that upon any default or fail
ure being made in the payment of the note
when and as it became due the trustees
should sell the land described at public auc-
ton and after paying all proper charges and
the balance of the said note pay the re-
mainder to defendant Martin. The bill
alleges that defendants, Cowell and Rap
panier, are nOn-residents of Maryland, and
defendant Rappanier's whereabouts are
unknown and hence plaintiff cannot fore
close said trust in the usual way. 1t prays
for sale of the said land and payment of
said note and the appointment Of a trus-
tee instead OF said Rappanier to execute
the terms and provisions of said trust and
for general relief
II is thereupon this 18th day of April,
A ID. 1911, ordered that the plaintiff, by
causing a copy Of this order to be inserted in
some newspaper published in said Montgom-
cry county. once a week for four successive
weeks before the goth day of May. 1911,
giving notice to William M. Cowell, resid-
ing in Washington. D. c.. and Frank o.
Rappanier, whose address is unknown to
complainant, nonresident defendants, of
OF the object and substance of this bill
and warn them to appear in this Court in
person. or by solicitor, on or before the 9th
day OF June, 1911, to answer the premises
and to show cause, If any they have. why
decree ought not to pass is prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True copy-Test: