Montgomery County sentinel., 1944-12-14
LOUIS M. DENT ROBERT PETER,
Solicitors for Plaialtif.
ORDER OF
PUBLICATION
The Metropolitan Land and
Parking Corporation,
a corporation, Plaintiff,


a corporation, Plaintiff,
VS..
Levi Pennefill, ct al, Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY,
STATE OF MARYLAND
No. 11480 Equity.
The object of this proceeding is
to quiet title and to establish title
by adverse possession to certain
lands situated in Montgomery
County, State of Maryland, being
parts of tract or farm commonly
known as the BRANDEGEE
TRACT or BRANDEGEE FARM
containing 847.039 acres, more or
less. The parts of said tract or
farm involved are as follows, name
ly: (a) those tracts or parcels
known as civilian and James"
and "The Addition to William and
James, containing 53.475 acres,
more or less, and more particularly
described by metes and bounds in
a certain deed from James R. Ellis
and wife, dated the 18th day of
May, 1928, and recorded among the
Land Records of said Montgomery
County in Liber P. B. r. 462 at
folio 976; (b) that tract or parcel
known as Potomac Corporation
Farm" containing 64.43 acres,
more or less, and more particu-
larly described by metes and
bounds in a certain deed from
James r. Ellis and wife, dated the
30th day of July, 1928, and re-
corded among the Land Records of
said Montgomery County in Liber
P, B. r. 454, at folio 352; (c) that
tract or parcel known as "The
Rank Farm, containing 1891
acres, more or less, and more par
ticularly described in a certain
deed from James r. Ellis and wife,
dated the 30th day of July, 1928,
and recorded among the Land Rec
ords of said Montgomery County
in Liber p. B. r. No. AGA at folio
35e.
The bill recites, among other
things, that the plaintiff and those
under whom it claims have been
in the exclusive, continuous and
adverse possession of said lands
for more than twenty (20) years
that as to the tracts or parcels des-
ignated in (a) hereof the Circuit
Court for Montgomery County
passed decree in Equity No. 1858
adjudging that Levi Hill was en-
titled to specific performance of a
contract with Rachel Pennefill for
the purchase of her interest there
in; that in said suit the defend
ants, Levi Pennefill and Margaret
Pennefill were named as defend
ants, but because said Levi Penne-
fill was not summoned, published
against, or did not appear, and as
to said Margaret Pennefill the
sheriff's return indicated that she
was dead, said suit was dismissed
as to them and they may have an
interest of record in said prop
erty; that as to the property des-
fgnated in (b) hereof Catharine
Harrison and William S. Harrison
her husband, executed and deIiv!
cred Z t6s William B. Griffith ano
Joseph W. Mcclurg a lease dated
February 20, 1867, recorded in
Liber e. B. P. 8 at folio 461,
among the Land Records Of SAID
Montgomery County, for term
of ninety-nine (99) years apd
renewable as therein provided
that no claim has ever been made
or asserted under said lease by
said lessees or persons claiming
under them, and that any rights
they may have acquired have been
forfeited long since, and plaintiff s
title has become indefeasible by
adverse possession; that as to the
property designated in (c) hereof
Philip Stone, as Trustee appoint
ed in EQUITY No. 185, executed and
delivered to said William B. Grif-
fifth and Joseph B. McClurg lease
dated December 26, 1866, for a
term of ninety-nine (99) years,
subject to renewal. said lease being
recorded among the Land Records
of said Montgomery County in
Liber f B. P. 3 at folio 1872; that
subsequent to said lease the title
to said property was passed by
divers conveyances, without men
tion thereof, and that the plaintiff
as well as it's predecessors in title
have held and possessed said prop
erty exclusively, without Interrupt
tion, openly, notoriously, claiming
as the owners of the fee SIMPLE
title and adversely TO said lease +;
and that il said lessees ever had
any right, title or interest in said
land it has been lost by forfeiture
and extinguished by adverse pos
session: that said leases constitute
cloud upon the plaintiffs title,
which should be removed. and said
lessees. if living and if they be
dead, then their unknown heirs-at-
law, next of kin, and the Executor
or Administrator Of their respec-
tive estates should be enjoined from
asserting judicially any claim to
either of said parcels or tracts.
1t is thereupon this 11th day OF
December, A. ID. 1914, by the Cir
cult Court for Montgomery Coun-
ty, as a Court of Equity, ordered
that the plaintiff by causing a copy
of this order to be inserted in
some weekly newspaper published
in said Montgomery County once
in each Of four successive weeks
before the 18th day Of January,
A. d. 1945, giving notice to Levi
Pennefill, if living, and if dead, his
unknown heirs:at-law and devisees;
The unknown heirs-at-law and de-
visees Of Margaret Pennefill, de-