The Republican. [volume] (Oakland, Md.) 1877-current, 1926-10-07

ed in said deed; the bill further states,
that the said Thomas provided liv-
ing for said grantors, from Novem-
time grantee, totally abandoned said
farm and the grantors, said abandon
ment has continued without inter-
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 S2500.0O required
to be paid by condition in said deed.
That the said Irwin Thomas and wife,
executed a mortgage of said farm, to
Perry Bewser, 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 Mortgage
Records of Garrett County, Maryland.
| to secure the payment of S132085, adj
vanced to the said Thomas; and the
said mortgages accepted said mort
gage as security for the money adj
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 a 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
certain day to be named therein, to
show cause. if any they have, why
desree ought not to pass as prayed.
And also that writ of subpoena
be directed to the resident parties in
the Bill named.
1T is THEREUPON, this 9Th day
Of September, 1926, 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 a 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
writ of subpoena be directed to the
resident parties named in said Bill of
complaint.
True Copy: E. z. TOWER. Clerk.
Test, E. 2. TOWER, Clerk.