Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1927-04-22
ORDER Of PUBLICATION
Charles D. Saser, Plaintiff,
VS..
kathsryn I. Fox and Charles T. Penn,
Defendants.

In the Circuit Court for MONTGOMERY county.
as a Court Of Equity. No. 400 Equity.
The object Of this suit is have the de- |
iendants convey certain property in Mont |
eomery county. Maryland, to the plaintiff |
and to reform and correct deed from the |
IL. 1925.
The bill in substance states that the plaintiff
and defendants are all residents Of the Dis
trict of Columbia. aud both Of the defendants
are unmarried. That prior to the 22nd day
Of September, 1928. the plaintiff entered
into negotiations for the purchase Of GER
tain land in Montgomery county, Mary
land. from the defendant. Katheryn E. Fox.
who was the owner Of the same said
premises being known as 106 East Thorn
apple Street, Chevy Chase. Maryland. and
described more particularly as Lot fifteen
three (23) feet front by the full depth
thereof of Lot seventeen (l7), In Block No.
l, In the subdivision known as Ottobourne.
which comprises a plot Of ground one
hundred and twenty-three Q23) feet by
one hundred and twenty-five Q25) feet
In dimensions, more or less. That said
premises comprise dwelling house and
the ground. all of which ground was and
still is enclosed and used in connection
with said house and enclosed by a hedge,
which has marked the boundary Of the
property for many years. The defendant
through her agents, stated to the plaintiff
that the property fronted approximately
one hundred and twenty-five (125) feet
on Thornapple Street. and the agents and
representatives of the said defendant
| afAnnad nj ha nd osn 30
the complainant that the property extend
ed SO far on one side OF the dwelling that
1t would be possible to erect another
building on the go feet facing on Thorn
apple Street.
That plaintiff pursuant to said negotia-
tons and because Of the representations
made as to the size Of the lot entered into
a contract to acquire the property, which
contract was signed by the defendant Fox
and the plaintiff certified copy of which
Is filed with the bill !; that In said contract
the property was described as 100 East
Thornapple Street, being taxed as parts
Of Lots sixteen (l6) and seventeen Q7)
In Block one ~. Otterbourne Section Of
Chevy Chase, Maryland. said lots fronts
one hundred and twenty-five Q25) feet OH
East Thornapple Street and running 70 q
depth Of one hundred and twenty three
G2S) feet, but through inadvertence and
mistake on the part Of the plaintiff and
defendant Fox, they failed In said contract
to include Lot fifteen 15). which contains
a considerable portion Of the property
fronting on Thornapple Street, although
by the other portion OF the other description
said lot was included.
That plaintiff did not notice the failure
to include Lot fifteen (l5) in the contract,
| haHf nj ha orAa fnr thn II 4
property. giving a copy of the contract to
the Title Company. that upon report Of
the Title Company your complainant closed
said contract and fully executed all the
provisions thereof on his part to be per-
formed and accepted anc placed Of record
a deed from said defendant conveying to
him the said property, which complainant
thought and believed comprised the entire
plot, that said deed instead of containing
all of the property purchased by him,
through mistake and inadvertence de-
scribed the property as parts Of Lots six
J teen Q6) and seventeen az and omitted
Lot fifteen l15) and the East ten Q0) feet
front by the full depth Of Lot sixteen (16)
so that the property actually conveyed "a
the complainant was only SO feet on
: Thornapple Street. copy of which deed
Is filed with the bill.
That shortly thereafter defendant Fo,
discovered that said deed did not includ,
Lot fifteen u.s. and part of Lot sixteen (l6)
whereupon she fraudulently and wrong.
fully executed and recorded deed to IN,
Z defendant. Charles 7. Penn, conveying the
said Lot fifteen Q5) and the East ten no
feet front of Lot u6) by the full deptf
thereof. certified copy of which deed il
} filled with the bill. that the defendant
, Penn was merely a title holder of Lot fif-
teen (15) and East ten Q0) feet of Lot
sixteen Q6l, that he paid nothing for II
and has no interest therein. and in EQUITY
. Is mere trustee of the title to the said
lot for the benefit Of this plaintiff, and
should be required by tn Court TO convey
the title thereof to the complainant. That
since the date OF said conveyance 10 him
the plaintiff has been in possession Of en-
tire property and no effort has been made
by said Penn to take possession thereof.
The bill then prays that the defendants
be required and enjoined to convey and
cause to be conveyed to the plaintiff title
to the said Lot fifteen Q5) and East ten
Q0) feet of said Lot sixteen Q8) by the
full depth thereof, and that the said deed
be reformed and corrected so as to insert
therein the correct description of the
property purchased by the plaintiff and
for general relief.
II Is thereupon this 18th day OF March,
A. d. 1927. 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 inserted In some
newspaper printed and published In said
Montgomery county. once in each OF four
successive weeks before the 23rd day of
April, A. D. 1927. give notice to the said
Katheryn E. Fox and Charles T. Penn. who
are residents of the District Of Columbia
and non residents Of the State Of Mary
land. of the object and substance Of this
bill, warning them to appear in this Court
In person. or by solicitor on or before the
18th day Of May. A. d. 1927. to show
cause. IL 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