Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1944-05-04
ORDER OF
PUBLICATION
Robert C. Pollock, Plaintiff,

Robert G. Pollock, Plaintiff,
A. P. Gray, Frederick G. Mexican
and Bertha C. Mexican, his wife,
Robert c. Mexican, and Olivia
V. Mexican, his wife, and The
unknown heirs of Frederick G.
Mexican, and the unknown heirs
of Robert G. Mexican,
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY
No. 1928 Equity.
The purpose OF this suit is to
secure a declaratory decree, de-
claring that the plaintiff has a
good and merchantable title in
and to the land hereinafter de-
subject only to covenants
and restrictions of record, taxes,
and front foot benefit assessments
Of the Washington Suburban San
itary Commission; and that the
contract entered into between the
plaintiff and the defendant, A. p.
Gray, be specifically enforced and
the said defendant decreed to pay
the balance of the purchase money
in accordance with the terms
thereof, and to accept the plain
tiff's conveyance Of the land de-
scribed in said contract.
The Bill in substance states
that the plaintiff is the owner of
and exclusive possessor of Lot No.
8 in Block No. s in the Seventh
Election District in a subdivision
called English Village" in Mont
gomery County, Maryland, con-
tanned within the following meets
and bounds, courses and distances,
to wit: Beginning for the same at
the westerly corner of Lot No. 8
in Block No. 8, as the same is
shown on plat of Bradley Hills
in Plat Book No. 2, plat 1853,
among the land records of Mont
gomery County, Maryland, said
corner touching the north side of
Wilson Lane, as shown on said
plat, and running thence with the
northwesterly line of said Lot No.
8, North 37o 49, 10" East, 212
feet to the end of said line; thence
leaving said Lot No. 8, North 65'
IL 26" West 1919 feet; thence
South 37' 49, 10" West 1850 feet
to the said northern edge Of Will
son Lane, and thence with the said
northern edge, South 81 46' so"
East, rs feet to the place of be-
ginning, containing 1921 square
feet of land, more or less; which
said lot Of land was conveyed unto
this plaintiff by deed bearing date
the 3rd day of December, 1941, by
John B. Diamond, Treasurer of
Montgomery County, and County
Commissioners Of Montgomery
County, a corporation, and record
ed among the land records Of said
Montgomery County in Liber No.
1862 at folio 10, the original Of
which is filed with the Bill Of
Complaint.
The Bill further states that on
November 18, 1943, the plaintiff
entered into a written contract
with A. P. Gray, whereby the said
defendant agreed to buy the land
hereinbefore described for the sum
of $1,500.00, and has paid $4,000,
the balance to be paid at the time
of delivery of the plaintiffs spc-
cial warranty deed, conveying good
and merchantable title, free and
clear of encumbrances, other than
and restrictions OF rec
ord, settlement to be made on or
before the 9Th day of April, 1914,
in accordance with the terms of a
attached to said con-
tract, both the said stipulation and
contract being filed with said Bill
of Complaint. The Bill states
further that the plaintiff has at
all times been ready, willing and
able to convey said land 10 the
defendant, and did within the time
allowed deliver to the attorney
for the said A. P. Gray, special
deed in the form re-
quired; but that the said defend
ant refused to accept said deed,
and refused to pay the balance OF
the purchase money upon the ale
cation that the plaintiff cannot
give a good and merchantable
title. The Bill states further that
the plaintiffs title to said land
was then, and is now, good and
merchantable and free and clear
Of encumbrances, other than COW
enants and restrictions Of record.
The plaintiffs Bill alleges that the
Frederick G. Mexican
and Bertha c. Mexican and the
unknown heirs Of Frederick G.
Mexican, if he be deceased, and
Robert C. Mexican and Olivia v.
and the unknown heirs
of Robert c. Mexican, if he be
claim an interest in said
land by virtue of a deed dated the
18th day of July, 1919, and re-
corded among the land records Of
Montgomery County in Hber No.
pa at folio 208, conveying said
property from Bradley Hills, Inc,
TO Caroline Mexican, VINO there
after died intestate without hav-
ing conveyed said property, leav-
ing as her only heirs at law the
said Frederick G. Mexican and
Robert C. Mexican, which said
claim is asserted by A. P. Gray
as a reason for not carrying out
her contract; but that in fact said
claim is without right in that the
plaintiff has title by virtue of the