Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-06-20


The object of this suit is to have a trustee
or trustees substituted in the place and
stead of Joseph A. Petty and Samuel T.
Smith.
The bill in substance states:
That on the 4th day of September, A,
u. 1928, by certain deed of trust which
was duly recorded among the Land Rec
ords OF Montgomery County. State of Mary
land, in Liber 10. 463, folios 356, etc,
Emile Krebs and Bertha Krebs, his wife,
conveyed to Joseph A. Petty and Samuel
1. Smith, Trustees, certain land and prem
ises, 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 Der
plat recorded in Plat Book B, plat No. Al,
one of the Lano Records of said Montgomery
County. to secure the payment of certain
promissory note securing the sum of 81
5000, made and executed by the said
Emile krebs. all of which will more fully
and at large appear by reference to said
deed OF trust filed with the bill as part
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 for value and
In due course of business. That the said
Emile krebs 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 22ad day of September,
A. D. 1929, and which is duly recorded
among the Land Records of MONTGOMERY
County, State of Maryland. in Lber No.
474, folios ATS, etc. A certified CODY
OF which deed is filed with the bill as part
thereof and marked Exhibit No. o.; and
in said deed the said grantees assume and
agree to pay the note secured by the deed
OF trust filed as Exhibit No. |" in this
cause. That the said William Philip on
and Anna Philipoon, his wife, conveyed
the said land and premises described in
said deed Of trust 10 Charles D. Cole by
deed dated the 3rd day OF September, A.
D. 1923, and which is recorded among the
Land Records of said Montgomery County,
Maryland, in Liber No. 488, folio 474. A
certified copy of which deed is filed with
the bill as part thereof and marked "Ex-
hl6it No. 3. That the said Emile Krebs
william Phllipoon and Anna Philipoon. his
wife, and the said Charles d. Cole have
failed to pay said note and the interest
thereon. although ii is now overdue. That
the said Joseph A. Petty and Samuel T
Smith. Trustees. have been requested by
the plaintiff to foreclose said deed of trust
and they have refused to act. That the
plaintiff has been advised by counsel that
the aid OF this Honorable Court is necessary
IN order that trustee or trustees NAV be
appointed TO carry out the provisions of
said deed OF trust and the execution of
SAID trust; that the plaintiff is anxious
that George W. Young and Robert Peter,
Jr., should be appointed by this Honorable
Court as the trustees in the place and stead
OF the said Joseph A. Petty and Samuel
1. Smith, and be vested with all the title
at law and IN equity and all the powers
that were conveyed to and invested in the
trustees by the deed of trust aforesaid.
/, That the said Emile Krebs and Bertha
krebs. his wife, and William Phlipoon and
Anna Philipoon, his wife, and Charles D,
Cole. and Joseph A. Petty and Samuel T,
Smith. are residents of the District of
Columbia and are non-residents of the State
of Maryland.
The bill then prays the Court to pass an
order appointing George w. Young and
! Robert Peter Jr., or some suitable person OF
persons as substituted trustee or trustees in
the place and stead of Joseph A. Petty and
Samuel /. Smith, as so declining said trust
and that he or they may be invested with
all the rights, power and authority given
said trustees named in said deed of trust
and for general relief.
1t is thereupon this 26th day of NAV.
A, d. 1880, by the Circuit Court for Mont.
somery county, as Court of EQUITY
ordered that the plaintiff by causing a
copy Of this order to be inserted in some
newspaper printed and published in said
Montgomery county, Maryland once in
each of four successive weeks before
the 3Oth day of June. A. d. 1880. give
notice TO the said absent and non.
resident defendants Of the object and sub.
stance Of this bill, warning them to be
and appear in this court in person, or BY
solicitor, on or before the 18th day of July,
A. d. 1880, to show cause, II any they
have. why 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..
GEORGE W. YOUNG,
Solicitors for the plaintiff.