The Republican. [volume] (Oakland, Md.) 1877-current, 1926-09-23
Law Offices of George W. Legge, Jr.,
and Thomas L. Richards,
Liberty Trust Building,
Cumberland, Maryland.
ORDER OF PUBLICATION

Adam ]. Oester, Matilda Burrow.
No. 1898 Equity. In the Circuit Court
for Garrett County, Maryland
The object of this suit is to procure
decree declaring void a deed to IT.
win Thomas from George Oester and
Salina Oester, his wife, and declaring
void two subsequent mortgages given
by said Irwin Thomas; and to secure
the appointment of trustees to sell
the property described in the said
deed, and for other and further re-
lief.
The Bill states: That a certain
farm of approximately $50 acres of
land, was conveyed to George Oester
and Salina Oester, as tenants by the
entirities, by deed from Catherine
Diehl, duly recorded among the Land
Records of Garrett County, Maryland.
That George Oester and Salina Oes-
ter made deed of trust of the said
farm to Edward 7. Bowser, Trustee
for Perry Bowser, to secure payment
of a certain debt, said Deed of Trust
is duly recorded among the Land Rec
ords of Garrett County, Maryland,
and its validity is not questioned by
the plaintiff in these proceedings.
That except for TIA acres of said
land previously conveyed to John Cat
terman, Salina Oester and George
Oester, her husband, did convey the
aforesaid farm together with certain
personal property. to Irwin Thomas,
by deed dated the Bird day of Novem-
Der, 1917, and recorded among the
Land Records of Garrett County,
Maryland.
That the consideration set forth in
the last mentioned deed, required the
grantee to provide a comfortable
maintenance for grantors during
their lives, and decent burial at death,
and to pay S2500.00 in cash as direct
ed in said deed; the bill further states,
that the said Thomas provided liv-
ing for said grantors, from Novem-
Der 1917, until April, 1923, at which
time grantee, totally abandoned said
farm and the grantors, said abandon
ment has continued without inter-
ruption to the present time, and said
grantee has not contributed toward
the support of grantors, or either of
them, did not pay funeral expenses of
George Oester, now deceased, has not
paid any part of the S2500.00 required
to be paid by condition in said deed.
That the said Irwin Thomas and wife,
executed mortgage of said farm, to
Perry Bowser, dated June 10th, 1918,
recorded in Land and Mortgage Rec
ords of Garrett County, Maryland, to
secure the payment of $4,000 which
had been advanced by said Bowser to
said Thomas; and the said mortgage,
accepted said mortgage as security
for the money so advanced, although
he knew, or was charged with knowl-
edge, that said Thomas had only de-
feasible title to said land, and that
security for said mortgage was liable
to be destroyed by failure of said
Thomas to complete the purchase of
said land, and that said defect in the
title of said Thomas, was apparent
upon the face Of the deed to said
land to the said Irwin Thomas, the
said mortgage was later assigned by
the said Bowser, to Amy Bowser, his
wife.
That the said Irwin Thomas, later
executed another mortgage of the
same property to Anna Oester, Adam
J. Oester and Matilda Burrow, dated
the Bird day of July, 1928, and record
ed among the Land and Morotgage
Records of Garrett County, Maryland.
to secure the payment of $1320.85, ad-
vanced to the said Thomas; and the
said mortgages accepted said mort
gage as security for the money ad-
vanced, although they knew, or were
charged with knowledge, that the
title of said Thomas was only a de-
feasible title, APPARENT upon the face of
the deed from the said George Oes-
ter and Salina Oester, to the said
Irwin Thomas, and the said security
was liable to be destroyed through
failure of said Thomas to complete
the purchase of said land. That the
said George Oester died intestate,
sometime in the month of April, 1924.
That the aforesaid farm conveyed
by George Oester and Salina Oester,
to Irwin Thomas, is now abandoned
and is depreciating in value through
neglect, and on account of said deed
to Irwin Thomas, and later mortgages
given by said Thomas, the title of the
said Salina Oester, is under cloud
and she can not sell it or derive any
profit therefrom on this account:
That the said deed to Irwin Thomas is
wholly without legal consideration.
is fraudulent and void, and should be
set aside, and the two mortgages
subsequently given by said Thomas.
are void as against the title of your
oratrix in and to said land.
The Bill then prays, that an order
OF publication be granted giving no.
tice to Irwin Thomas, Anna Oester
and Matilda Burrow, all non-residents
of the State of Maryland, Of the OBJ
ject and substance of this bill, and
warning them, and each of them, to
be and appear in this Court on a
certain day to be named therein, to
show cause, if any they have, why a
decree ought not to pass as prayed.
And also that a writ of subpoena
be directed to the resident parties in
the Bill named. -x
1T IS THEREUPON, this 9Th day
of September, 1925, ordered by the
Circuit Court for Garrett County,
Maryland, in Equity, that the plaintiff
give notice by publication in some
newspaper published in Garrett Coun-
ty, Maryland, once week for four
successive weeks, before, the Sth day
of October, 1926, to the said nom
resident defendants, of the object and
substance of this bill, and warning
them to appear in person or by solicit
tor on or before the 25th day of Oct
ober, 1926, to answer the allegations
of said Bill of complaint, and abide
by and perform such decree as may be
passed in the premises, and that a
writ of subpoena be directed to the
resident parties named in said Rill of