The Republican., 1943-12-23

Frank Tarr, an infant, by Albert Tarr,
his brother and next friend; Mar
garet Tarr, Elizabeth Osick and
John Osick, her husband, and Albert
Tarr, and Emma Tarr, his wife,
plaintiffs,
Bella Szijjarto and Theresa Szijjarto,
his wife, defendants.
The Amended Bill of Complaint
states:
That on November 18th, 1888, GAIA
Orban and wife conveyed certain valu-
able real esate situate in Garrett
County, Maryland, for a consideration
of twenty-five hundred dollars, to
Bella Szijjarto and Elizabeth Szijjarto
as husband and wife, said deed being
recorded in Liber 118, folio 204, Land
Records of Garrett County, Maryland.
That the said Elizabeth Sziijarto
was not in fact the wife of Bella
Szijjarto, but was Eliazeth Tarr,
mother of the plaintiffs.
That Elizabeth Tarr died intestate,
March Sd, 1910, leaving as her heirs
at law the plaintiffs in this suit.
That the said Bella Szijjarto, after
the death of Elizjabeth Tarr caused a
deed to be executed to him by GAIA
Orban and wife, in which it is set
out that he had no wife by the name
Of Elizabeth Szijjarto and that the
deed was made for the purpose of elm
mating her name and vesting the title
wholly in him.
That the original deed from Orban
and wife, referred to in Exhibit No.
l, created a tenancy in common and
that upon the death of Elizabeth
SZijjarto her one-half interest in said
property, consisting Of about 40 acres
Of land in Garrett County, Maryland,
descended to the plaintiffs as her heirs
at law.
That the said property is not suscep-
tible of partition in kind without
material loss and injury, and that it
would be for the best interests of the
parties entitled to interests in the
same that it be sold and the proceeds
divided among those entitled to inter
ests therein according to their respec-
tive interests.
That the said Bella Szijjarto and
Theresa SziiiartO are non-residents Of
the State of Maryland and do not re-
side therein.
The bill then prays that the deed
from GAIA Orban and wife to Bella
SZijjarto, executed after the death of
Elizabeth Tarr be set aside. That a
decree be passed for the sale of said
real estate; that the proceeds of sale
be distributed according to the respec-
tive interests of the parties, and for
general relief.
The principal object of this order of
,,,, 1ico+iC,, = 70 ,op+;nn
Theresa Sziijarto, wife of the said
Bella Szijjarto, she being a non-resi-
dent of the State of Maryland, and
whose name was omitted as a defend
ant in the original bill filed in this
case, but is included as a defendant
in an amended bill Of complaint filed
in this cause.
1t is therefore, This 9th day of
December, in the year 1913, ordered
by the Circuit Court for Garrett
County, sitting in Equity, that the
plaintiffs, by causing copy of this
OF der to be inserted in some news
paper published lin Garrett County,
Maryland, once in each of four success
sive weeks before the 7th day of Jan
uary, 1914, give notice to the said abb
sent defendants of the object and
substance and purpose of this bill of
complaint, warning them to appear in
this Court, in person or by solicitor,
on or before the 22nd day of January,
1914, to show cause, if any they have,
why decree ought not to be passed as
prayed.
A. G. ROSS. Clerk.
True copy-Test: A. G. ROSS, Clerk.
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