Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1945-01-04
LOUIS M. DENT ROBERT PETER,
Solicitors for Plaintiff.
ORDER OF
PUBLICATION
The. Metropolitan Land and
Parking Corporation,
corporation, Plaintiff,

The. Metropolitan Land and
Parking Corporation,
corporation, Plaintiff,
VS..
Levi Pennefill, ct al Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY,
STATE OF MARYLAND
No. 1880 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 BRANDEGEFI
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 STATS 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 376; (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
Both 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 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. Asa at folio
1852.
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
contract with Rachel Pennefill for
the purchase of her interest there
in; that in said suit the defend
ants, Levi Pepnefill 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-
ignated in (b) hereof Catharine
Harrison and William s. Harrison,
her husband, executed and deliv-
cred to William b Griffith and
Joseph w. McClurg lease dated
February 25, 1867, recorded in
Liber E. B. P. 3 at folio 461,
among the Land Records of said
Montgomery County, for term
of ninety-nine (99) years and
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 plaintiffs
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. 1876, executed and
delivered to said William B. Grit
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 E. B. P. 3 at folio 1872; that
subsequent to said lease the title
to said property was passed by
divers conveyances, without mem
ton thereof, and that the plaintiff
as well as its predecessors in title
have held and possessed said prop
erty exclusively, without interrupt
ton, openly, VIGOROUSLY, claiming
as the owners of the fee SIMPLE
title and adversely to said lease;
and that if 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 18th day OF
December, A. d. 1914, by the Cir
cult Court for Montgomery Coun-
ty, as 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. 1915, giving notice to Levi
Pennefill, if living, and if dead, his
unknown heirs-at-law and devisees;
The unknown heirs-at-law and de-