Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-06-27

as Court of Equity. No. $3.50 Equity.
The object Of this suit is to have q trustee
OF trustees substituted in the place and
stead Of Joseph A Petty and Samuel 7.
Smith.
The bill in substance states:
That on the 4th day of September. A.
D. 1928, by certain deed of trust which
Wss duly recorded among the Land Rec
ords Of Montgomery County, State of Mary
land. in Lher No. ass, folios SIS. etc
Emile krebs and Bertha Krehs. his wife
conveyed 70 Joseph A. Petty and Samuel
I. Smith. Trustees, certain land and prem-
Uses, situate in MONTGOMERY County. State
OF Maryland. described as and being all of
Lot numbered forty (40) in the subdivision
known as kenSington HEIGHTS" as per
plat recorded in Plat Book B, plat No. Al
one Of the Land Records of said Mon,somery
County, TO secure the payment of a certain
pr0mlSSory note securing the sum of So
$4,000. made and executed hy the said
Emile krehS, all of which will more fully
and al large appear by reference to said
deed Of trust filed with the bill as nsrt
thereof and marked Exhibit No. /" That
subsequent TO the execution Of said deed
Of trust, the plaintiff purchased the note
secured by said deed Of trust fof value and
in doe course OF business That the said
Emile krehS and Bertha Krebs, his wife
conveyed the said land and premises de.
scribed in said deed Of trust 10 William
Philipoon and Anna Philipoon, his wife
by deed dated the 22nd day of September
A. D. 1929. and which is duly recorded
among the Land Records Of Montsomery
County. Stste of Maryland, in Lber No
474, folioS AS. etc. A certified copy
OF which deed is filed with the bill as aarl
thereof and marked Exhibit No p: and
IN said deed the said grantees assume ans
agree to psy the note secured by the deed
I Of trust filed as Exhibit No. l. in this
/ cause. That the said William Philip on
and Anna Phitpoon. his wife. conveyed
/ the SAID land and premises described ia
said deed Of trust 10 Charles D. Cole By
/ deed dated the Srd day OF September. A
D. 1929. and which is recorded among The
Land Records Of said Monteomefy County
Maryland, in Iber No 4SS, folio 474. A
certified copy Of which deed is filed viii
the hln as part thereof and marked Eek.
hlolt NO J. That the said Emile krehs
William Phihpoon and Anna Phihpooa, hi.
vile, and the said Charles D. Cole hav,
failed 70 pay said note and the infereS
thereon. although il is nov overdue. Ina,
the SAID Joseph A Petty and Samuel 7
Smith Trustees. have heen requested b,
the plaintiff to forecloSe said deed Of trus
snd they have refused 70 act. That Ii,
plaintiff has been adviaed hy coansel tbs
the aid Of tins Honorable Court IS nec=SSsr,
in order that trustee OF trustees nav b
appointed to carry out the provisions 0
said deed Of trust and the execution o
said trust; thst the plaintiff is snxio9,
that George ". Young and Robert Peter
il. should be appointed by this Honorable
Court IS the trustees in the place and srest
Of the said Joseph A. Petty and Ssmne
7. Smith, and be vested with all the titls
al lsS and in equity and all the power.
that were conveyed TO and invested in The
trustees by The deed Of trust aforesaid
That the said Emile krehs and Rerths
hrehS, his wife. ana William Philipaan and
Anna Phihpoon, his wife. and Charles D
Cole, and Joseph A. Petty ami Samuel r
Smith. are residents Of the District Of
Columbia and arr aon-residents Of the STATE
Of Maryland.
The bill then prsyS the Court 10 pass an
order appointing George ". loune snti
Robert Peter. IT. o. some suitable persnn a,
persons as substituted trustee or trustees in
the plsce and stead 81 Joseph A. Petty and
Ssnoel I. Smith. IS 50 declining SAID trust
and that he oc they may he invested With
81 the rights. power and authority given
said trustees named 10 said deed Of fruS,
and tOs general relief
Il is thereapoa this Ssth day Of Nav
A n 1880. BY the Circuit Court for Mont.
GOoery county, as q Court Of EQUITY.
oCoeret thst the plaintiff 81 causine a
copy Of this order 70 he Inserted IN sone
newspaper printed and published 10 SAID
M0nteOnery county. Maryland, ones ia
esch Of fo0r successive weeks before
the Soth DAY Of June, 4. D. 1850. give
nayioe 70 The said absent an5 noa-
resident defendants Of the oAject and sub
stance Q; this bill warning them &C be
snc sppssf IN this o0ur1 10 pe-Saa. O. hy
soiicitor, o. o. aetore the 18th dsy Of luly.
4, \, 1880. % sho~ cause. Il sny they
have. ~rhy . decree ought Dot GO he psSsea
ss prayed.
Preston 5. RAY, Cerk
CIRCUIT coUri fos NonteoDery county.
PRESTON 3. RAY.
Cerk
RoSEST PETER JR-
6E0R6E ". luUN6.
Solicitors ;os The plAingis.