Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1919-07-11

The object Of this bill is to obtain de-
cree of the Circuit Court for Montgomery
County appointing new trustee in the
place and stead of John Barton Miller,
surviving trustee, for the purpose of re-
leasing a deed OF trust from Clarence E.
Ernest to Philip A. Darneille and j. Bar
ton Miller. trustees, dated July 5th, A. D.
l9O5, and recorded among the land records
Of Montgomery County, Maryland, in Liber
No. 1885, folios 48 ct seq.
The bill states as follows
That the plaintiff is a resident of the
District of Columbia; and that the defend
ant is nonresident of the State of Mary
land. The plaintiff on information AYERS
that the said defendant is residing some
where in the Dominion Of Canada.
That certain Clarence E. Ernest, on
the 5th day Of July, A. D. 1905, became
indebted unto certain Curtis E. Gresham
in the sum Of $5.50000, for which he
made and delivered his promissory note
to Curtis E. Gresham, payable on or before
two years after date, with interest, said
note being filed with the bill and marked
Exhibit No. 1.
That said note was secured bya deed OF
trust OF same date as the note and re-
corded in Liber No. 1875, folio 40 ct sea-
conveyed the property mentioned therein
to Philip A. Darneille and j. Barton Miller
trustees. upon the following trust, to-wit
land upon the full payment Of all of said
note and the interest thereon, and all
moneys advanced or expended as herein
provided, and all other proper costs, CHARGES
commissions, half commissions and ex-
penses at any time before the sale herein
after provided for, to release and recon
vey the said described premises unto the
said Clarence E. Ernest, or assigns, at his
or their cost" a duly certified copy of said
deed of trust being filed herewith as part
hereof and marked Exhibit No. 2.
That the said Philip A. Darneille de-
parted this life on the 18th day Of Septem-
Der, A. D. 1907, leaving the said j. Barton
Miller. the defendant as the sole surviving
trustee named in said deed of trust.
That the property mentioned in said
deed OF trust has, through mesne convey
ances, become vested in the plaintiff, and
likewise the said note has been paid by the
plaintiff, and, as he is the present owner of
the property and also the holder of the note,
plaintiff is advised by his counsel that he
is entitled to have the property released
from the lien of said deed Of trust and to
have re-conveyance of the property from
SAID trustees.
That the plaintiff is unable to find the
said j. Barton Miller, and therefore he
seeks the aid of this Honorable Court
and prays for decree appointing a new
trustee in the place and stead of the said
j. Barton Miller for the purpose of releas-
ing said property from the trust and of
re-conveying it to the plaintiff.
The bill prays for a decree appointing a
new trustee in the place and stead of j.
Barton Miller, surviving trustee, and for
general relief.
1t Is thereupon this 9Th day of July, A.
D. 1919, ordered by the Circuit Court for
Montgomery County. in Equity, that the
plaintiff. by causing copy of this order
to be inserted in some newspaper pub
lished in said Montgomery County, once
in each of four successive weeks before
the 9th day Of August, 1919, give notice
to said absent defendant, j. Barton Miller,
surviving trustee, who is a nonresident of
the State of Maryland, Of the object and sub
stance OF this bill, warning him to be and
appear in this Court in person or by solicitor
on or before the 25th day of August next,
to show cause, If any he has. why a de-
cree ought not to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
True copy-Test:
PRESTON B. RAY,
july ltd Clerk.