Montgomery County sentinel., 1941-08-14
ORDER OF
PUBLICATION
Rachel Campbell Suggs,
Plaintiff,

urer OF montgomery County,
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No 1854 Equity.
The object of this suit is to
cancel, vacate, annul and set aside
the sale made by j. Forest
Walker, Treasurer. to Thomas M.
Talbot of Lots Numbered Four
(4) and Five (5) of F. B. Crost-
waite's Subdivision of "Tuscu-
,lum," and to vacate, annul and set
aside the deed from j. Forest
Walker, Treasurer of Montgomery
County to Thomas M. Talbot and
the deed from Thomas M. Talbot
and Katherine M. Talbot, his wife,
to Matilda Margaret Norwood and
Frank D. Norwood, her husband.
The bill in substance states:
That the plaintiff IS the owner
in fee simple, and now in possess
sion of Lots numbered Four "a
and Five (5), of F. B. Crosth-
waite's Subdivision of Tusculum
and Grubby Thicket, on Cedar
Lane, Montgomery County, Mary
land, as shown by Plat Book No.
1, Plat 88, containing Ten (10)
acres of land, more or less, and
being the same land conveyed unto
Charles M. Campbell, by deed from
John C. CLANCY, Frank B. Crosth-
waite and Alphonso Hart, dated
June 3, 1907, and recorded in Liber
1874 at Folio PIT, of the Land Rec
ords of Montgomery County, and
being also the same land devised
unto Mary F. C. Campbell under
the Last Will and Testament of
her husband, Charles M. Campbell,
and being the same land inherited
by the plaintiff from her mother,
the said Mary F. C.. Campbell, who
died in September, 1886, intes-
tate, leaving as her only child and
heir at law, the plaintiff, Rachel
Campbell Suggs that the said Ma
tilda Margaret Norwood and
Frank D. Norwood, her husband,
are asserting title to said Lots
Numbered Four (4) and Five (5)
in said Subdivision by virtue of a
tax sale made on the 9Th day of
April, 1929 by the defendants, j.
Forest Walker, Treasurer of Mont
gomery County. to the defendant,
Thomas M. Talbot, on account of
taxes claimed to be due and
owing on said land for the year
1928-29 amounting to Fifty-One
Dollars and Thirty-Five Cents
(S51 .35), as will more fully and
at large appear by reference to
No. 1896 Miscellaneous Petitions,
Item 81, in the Circuit Court for
Montgomery CounCy, by deed dated
the 31st day of December, 1881
from the Defendant, Forest
Walker, Treasurer, to the said
Thomas M. Talbot, as will appear
by reference to said deed recorded
among the Land Records of said
Montgomery County, in Liber No.
534 at folio IL, and by further
deed from the said Thomas M.
Talbot and Katherine M. Tai
bott, his wife, to Matilda Mar
garet Norwood and Frank D. Nor
wood, dated August 8. 1885, for
an unknown consideration, as will
appear by reference to said deed
recorded among the Land Records
of Montgomery County, in Liber
No. 6O4 at folio 1853; that said
Lots Numbered Four (4) and
Five (5), as aforesaid, were on
the 9Th day of April, 1929 each OF
the value of Two Thousand Dol
lars ($2y00O.00), and each lot was
assessed for One Thousand Dol
lars (S1,OO0.OO), unimproved and
adjoining, located in the Bethesda
District of said Montgomery
County, and more land was sold
by the Treasurer than was neces-
sary to pay the taxes claimed to
be due on the day of sale; that
on the 9Th day of April, 1929
Mary F. C. Campbell rendered the
amount of taxes due and in ar
rears for the year 1928-29 to the
defendant, j. Forest Walker,
Treasurer of said Montgomery
County. which said sum was sent
by telegraph through the Amer,
ican Bank and Trust Company OF
Ardmore, Oklahoma to the Farm
ers' Banking and Trust Company
of Montgomery County, Rockville,
Maryland, which said sum was
sufficient to pay the taxes due on
said Lots Four and Five. and the
defendant, Walker, therefore, had
no right to convey said land to the
defendant, Thomas M. Talbot, as
aforesaid; that all the proceed
ings had and taken by the defend
ant, Walker, pertaining to said
sale, both before and thereafter,
were not in conformity with the
statutes providing for and author
izing sale of land in Montgomery
County, Maryland for the non-pay-
ment of taxes and the said sale
SO made and reported by the de-
fedant, Walker, aforesaid, is
illegal and void; that there was
no legal or valid assessment OF
the said land as required by law
for the year 1928-29; that the
levy for the year 1928 by the de-
fendant, the Board of County
Commissioners of Montgomery
County, Maryland, being the year
of the alleged non-payment OF
taxes for which the alleged sale