Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1924-05-16
ORDER OF PUBLICATION.
Daniel W. O'Donoehue
vs..
John L. Miller and Thomas Deedman.
In the Circuit Court for Montgomery county
as a Court Of Equity. No. 1888 Equity.

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. 1855, can
celled and declared null and void. and to
quiet your orators title to said land.
The bill states that on the 29th day of
December. A. D. 1883. Philip Scherer con-
veyed by deed recorded in Liber J. C. H.,
No. 3, folio 81. part of a tract of land
called Damn" containing thirty thrte and
one-half acres, to WilliamC 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 hundredths
perches. to William C. Windhsm; and that
on the 18th day Of June. A. H. 1880.
William r. Sage conveyed by deed record
ed In Liber J. G. H.. No. 8. folio 1874, a
part Of tract of land called damn, con-
tanning nine-two and forty -four ninety
ninths square perches, to William C. Wind
ham and David Jackson; and that by
deed dated the goth day Of November. A.
D. 1855. William C. Windham and wife
conveyed to John L. Miller and Thomas
Deedman all mineral rights in said land.
That said deed provided. land il 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 interstate 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 |
F. Windham conveyed by deed said land |
to John Barrett. Subsequently the said |
John Barrett conveyed by deed said land |
to your orator. Daniel W. ODonoahue, |
That II 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 il is unknown whether the
said John L. Miller and Thomas Deedman
be dead, but II 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 70 John L. Miller and Thomas Deed
man. bearing date the goth day of No
vember. 1885. may be cancelled and de-
clared null and void. and that your orators
title may be quieted and for general relief
II 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 Elst day Of June, A. d. 1924, to show
cause. II any they have, why a 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.