Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1924-05-02

The object Of this suit is to have deed
conveying certain mineral nights from
William C. Eindham and wife 10 John L
Miller and Thomas Deedman. dated the
goth day Of November. A D. 1855, can
celled and declared null and void. and TO
quiet yoar orators title 60 said land
The bill states that on the 29th day of
December. A D. 1858. Philip Scherer Con-
veyed by deed recorded in Iber J. G. n.
No. 3. folio q. par, Of a tract OF land
called Dam. containing thirty three and
one-hah acres. 10 William C. Windham. and
that on the 23rd day Of April. A D. 1883.
Robert Blown conveyed By deed recorded
in Liber J. G. H. No. 6. at folio 54l. a
part Of a tract Of land called Dam"
containing fifty nine acres. three FOODS
and twenty-five and sixteen- hundredths
perhes. to William c Windhsm: and that
90 the 2Sth day Of June, A. n. 1880.
William R Sage conveyed By deed record
ed in Liber j. G. H.. No 8. folio 1874.
part Of tract Of land called Dam. con-
tanning nine-two and fo1ty-four- ninety
ninths square perches. 10 William c. Wind
ham and David Jackson: and that by
deed dated the 20th day Of November. A
D. 1855. William c. Windham and wife
conveyed to John l. Miller and Thomas
Deedman all mineral rights 10 said land
That said deed provided. and il is
hereby agreed between the parties that
should the prosecution Of the develop
menfs and working Of said minerals. metal
bearing veins. loads. deposits. beds and
psoerusions Of quartz OF other Wosk be
abandoned % scuntinued foe 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 o.
quanie5 have been worked upon said land.
and that no consent was given foe the
discontinuance Of said work
That by the following mesne convey
snces 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 foE partition was
fled. 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 ". 0Donoehue.
That il IS unknown whether the said
John L. Miller and Thomas Deedman. or
either OF them. be living o. dead. but il
they be living they are non-residents Of
the State Of Maryland. and do not reside
therein. That il Is unknown whether the
said John l. Miller and Thomas Deedman
FsoA 49, E.rwn 40 k.neA II - l.
dead then the heirs Of either or both Of
them are unknown to your orator That
said deed from William c. Mindham and
wife to John L. Miller and Thomas Deed
man. bearing date the goth day Of No
Vember. 1855. may be cancelled and de-
ciared 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 Court Of
Equity. that the plaintiff. BY causing a
copy Of this order to be insafted 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. ID. 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. il 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.
NAV 2-td