Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1924-05-09

The object of this suit is to have deed
conveying certain mineral rights from
William C. Windham and wife to John L.
Miller and Thomas Deedman, dated the
goth day of November, A. D. 1865, can
celled and declared null and void. and to
quiet your orators title to said land.
The bill states that on the goth day of
December, A. D. 1858. Philip Scherer con-
veyed by deed recorded in Liber j. G. H.,
No. 8. folio 81. a part of a tract Of land
called Damn" containing thirty-thre and
one-hah acres, to William C. Windham, and
that on the 23rd day of April, A. D. 1888.
Robert Brown conveyed by deed recorded
in Liber J. G. H., No. 6, at folio Sal, a
part Of a tract of land called Damn
containing fifty-nine acres, three roods
and twenty-five and sixteen undredths
perches. to William C. Windham; and that
on the 28th day of June. A. D. 1880,
William R. Sage conveyed by deed record
ed In Liber j. G. H.. No. 8, folio 1874,
part Of tract Of land called damn. con-
tanning nine-two and ty-four-ninety-
ninths square perches. to William C. Wind
ham and David jackson: and that by a
deed dated the goth day Of November, A.
d. 1885, William C. Windham and wife
conveyed to John L. Miller and Thomas
Deedman all mineral rights in said land.
That said deed provided. land it is
hereby agreed between the parties that
should the prosecution of the develop
ments and working of said minerals, metal
bearing veins, loads, deposits. beds and
protrusions Of quartz or other work be
abandoned or discontinued for six months
at any one time without the mutual con-
sent Of the hereto then and thence for
ward this deed shall cease and be utterly
void"
That for over fifty years no mines or
quarries have been worked upon said land,
and that no consent was given for the
discontinuance Of said work.
That by the following mesne convey
ances and inheritances said property was
conveyed and came into the hands Of
your orator The said William C. Wind
ham died intestate in the year 1858, and
shortly thereafter bill for partition was
filed. in which the Court appointed H.
Maurice Talbot and Hattersly w. Talbot
trustees to sell said land. That said land
was sold to Charles F. Windham and a
deed conveying said land was made by
said trustees. Subsequently said Charles
T. Windham conveyed by deed said land
to John Barrett. Subsequently the said
John Barrett conveyed by deed said land
to your orator, Daniel w. ODonoehue.
That il is unknown whether the said
John L. Miller and Thomas Deedman, or
either OF them. be living or dead. but If
they be living they are non-residents of
the State Of Maryland. and do not reside
therein. That 1t Is unknown whether the
said John L. Miller and Thomas Deedman
be dead. but If either or both of them be
dead then the heirs Of either or both of
them are unknown to your orator That
said deed from William C. Windham and
wife to John L. Miller and Thomas Deed
man. bearing date the goth day Of No
vember, 1855, may be cancelled and de-
clared null and void. and that your orators
title may be quoted and for general relief
1t is thereupon this 22nd day of April.
A. D. 1924. ordered by the Circuit Court
for Montgomery county. as a Court of
Equity. that the plaintiff. by causing a
copy Of this order to be insarted in some
newspapers printed and published in Mont
gomery county, once In each of four sue
cessive weeks before the 3lst day of May,
A. d. 1924, 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 solicitor, on or before
the 2lst day of June, A. D. 1924, to show
cause, II any they have, why decree ought
not to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
True copy-Test
PRESTON B. RAY.
Clerk.
ROBERT PETER, JR., Solicitor.
may 2-td