Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1917-08-10

The object of this suit is to remove the
defendant, Edgar G. Gum. as trustee under
three certain deeds of trust hereinafter
more particularly referred TO and described.
and for the appointment of a new trustee
in his place and stead.
The bill alleges that the complainant is
the owner Of various tracts Of land in
Montgomery county. Maryland. which were
subject to various record encumbrances,
aggregating in excess of $500,000. 90
that for the purpose Of paying of portions
of said Indebtedness, il negotiated with
the American National Bank of Richmond,
and other parties. for loans upon certain
of said tracts. ageregating $275. 10000:
that in pursuance of the carrying out Of
said negotiations, said complainant exc
cuted and delivered a certain deed of trust
to the defendants. George C. Gregory and
Edgar G. Gum, upon certain Of said tracts
of land. securing an Indebtedness of $l25,-
100000, which deed Of trust was dated
November is. 1915. and duly recorded in
Liber No. 26l. at folio 397. and in addi-
tain deed of trust to said defendants, Georee
C. Gregory and Edgar G. Gum. upon GER
tain Of said tracts Of land, securing an in
debtedness of Sl50.000.00, said deed of
trust being dated November IL, 1916, and
duly recorded among the Montgomery
county Land Records in Liber No. 261. at
folio 467. that the notes representing the
Indebtedness secured by said first above
mentioned deed of trust are now held and
owned by the defendant American Trust
Company. and that the notes representing
the Indebtedness secured by said second
deed of trust are now held and owned by
the defendants. A. L. Hawse, Oliver j.
Sands. Walter Holiday, r. H. Harwood,
Warner Moore and r. H. Bruce; that in
further settlement Of said negotiations, it
became necessary to procure an additional
loan of $50, 100000, which said loan should
be prior lien to the deed of trust herein
before referred to. and recorded in Liber
No 26l. at folio 467, securing $150, 000. 90,
and the complainant and the holders and
owners of the notes secured by said last
mentioned trust. agreed that said deed of
trust should be released of record and a
new deed of trust executed and delivered
securing the identical notes aegregatine
$3.50, 100000. secured by said deed Of trust
in Liber No. 261, at folio 467, which should
be recorded subsequently to the deed of
trust Of $6O.000.00 above referred to !;
that in pursuance Of said agreement and
negotiations, complainant executed a deed
OF trust to George c. Gregory and Otis p.
Walker upon certain of the above tracts
OF land, securing an Indebtedness of $780,
| 10000, said trust being dated April 2,
1917, and duly recorded in Liber No. 285,
at folio l49 of said Land Records, and
in addition executed and delivered a GER
tain deed of trust to the defendants, George
c. Gregory and Edgar G. Gum, resecuring the
identical notes aggreeating $l50.000.00.
which had been secured by the deed of
trust in Liber No. 261. at folio 497. said
deed Of trust being dated April II. 1917,
and recorded in Liber No. 265. at folio
206 of said Land Records; that release
was prepared Of the deed of trust recorded
in Liber No. 26l, at folio 487. in accord
ance with the above mentioned agreement,
and presented to the trustees, George c.
Gregory and Edgar G. Gum, for signature,
but said trustee, Edgar G. Gum, although
requested in writing by all of the holders
of notes secured by said deed of trust,
without reasonable excuse, refused to exc
cute said release or any release of said
deed OF trust, or to resign or relinquish his
trusteeship Hereunder that the deeds Of
trust hereinbefore referred to- and recorded
in Liber No. 26l, at folio 397, and Liber
No 265, at folio 206. provided for partial
releases of the land embraced therein, in
accordance with certain provisions therein
more fully set forth, and that failure to
procure such release or releases would
injuriously affect COMPLIMENTS ability to
deal with the land embraced therein, and
cause it irreparable loss and damage that
by reason Of the attitude assumed by said
defendant, Edgar G. Gum. in respect to
the execution of a release of the deed of
trust recorded in Liber No. 261. at folio
467, and his refusal to execute same or
relinquish his trusteeship. complainant be-
lieves 1t will be delayed and harassed in
procuring releases of the deeds Of trust
recorded in Liber No. 26l, at folio 397,
and Liber No. 265. at folio 206, and that
it is, therefore, entitled to relief by the
removal of said defendant. Edgar G. Gum,
as trustee under all Of the deeds of trust
above referred to, in which he has been made
trustee; that the defendant. Edgar G. Gum,
is nonresident Of the State of Maryland,
residing in the city Of Richmond. State Of
Virginia.
Ii is thereupon this 23rd day of July,
in the year 1917. by the Circuit Court for
Montgomery county, sitting as Court of
Equity, ordered that the plaintiff Give
notice TO said defendant, Edgar C. Gum,
who is nonresident of the State of Mary
land, OF the object and substance of said
bill. by causing a copy of this order to be
inserted in some newspaper published in
said Montgomery county. Maryland, once
a week for four successive weeks prior to
the 25th day of August. A. d. 1917, warn
ing him to appear in said Court in person,
or by solicitor. on or before the 10th day of
September. A. d. 1917, and show cause, if
any he has, why decree ought not to be
passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
True cOpy-Test:
PRESTON B. RAY.