Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1947-12-25
ORDER OF
PUBLICATION

Hc OUJSCI u IIllS sui is 10 90
tain the specific performance of a
contract for. the sale of real estate
located in Montgomery County,
Maryland.
The bill alleges in substance:
That the plaintiffs are the owners
of a tract of land located in the
9Th Election District, in the Coun-
ty of Montgomery, State of Mary
land, containing approximately 146
acres of land, and being the same
land devised unto Sue M. Zepp,
Mary NJ. Miller, Catherine Marian
Miller and Eleanor M. Miller I'M
der the Last Will and Testament
of their mother, Catherine B. Mil
Ter, with power of sale in Cath
crime Marian Miller and Eleanor
M. Miller, Executives under said
Last Will and Testament, recorded
in the Office of the Register of
Wills for Montgomery County, in
Will Book PEW 20, at Folio 48S;
that on October 1, 1947, the plain
tiffs entered into written agree
ment with the defendant, P. Gar
land Lyon, to sell said land unto
said defendant for the amount
specified in said contract, of which
amount deposit of 100000 has
been paid in cash and the balance
was to be paid at final settlement,
which said settlement was to be
made within 20 days after October
I, 1947; that the defendant, p.
Garland Lyon, has advised the
plaintiffs that they do not have
good and merchantable title to said
land, in that there is nothing to
disclose among the Land Records
of Montgomery County or the Rec
ords in the Office of the Register
of Wills for said County, that title
to the land described in said Agree
ment does not still remain in the
unknown heirs of Nicholas Bos-
well, deceased, or that a certain
mortgage from Edward Boswell to
John Noll in amount of 100000,
dated August "a, 1855, and record
ed in Liber JGH A, at Folio 439, of
said Land Records, has been paid;
that for said reasons the said de-
PENDANT, P. Garland Lyon, has re-
fused to perform his agreement,
and has refused, and still refuses,
to pay unto the plaintiffs the
amount agreed therein, although
The time limit for the performance
of said contract is past and the
plaintiffs are now able and willing
to deliver unto said defendant a
deed conveying said land by a good
and merchantable title, in accord
ance with said agreement; that the
said defendant, P. Garland Lyon,
is a resident of Montgomery Coun-
ty, Maryland, and that Nicholas
Boswell died prior to the year 1855,
leaving heirs unknown to the plain
tiffs; that John Noll is also de-
ceased, and it is unknown whether
he left heirs or not, and if so, his
heirs are unknown and it is un-
known whether the heirs of Nicho-
las Boswell and John Noll are resi-.
dents or non-residents Of the State
of Maryland.
The bill then prays that said
Agreement be specifically enforced
and that p. Garland Lyon be de-
creed to pay unto the plaintiffs the
purchase money agreed to be paid
and to accept from the plaintiffs a
of said land, and for
such other and further relief as
the plaintiffs case may require.
1t is, thereupon, this 10th day of
December, 1947, ORDERED, by
the Circuit Court for Montgomery
County, as Court of Equity, that
the Plaintiffs by causing a copy Of
this Order to be inserted in some
published in said Mont
gomery County, once a week for
four successive weeks before the
18th day of January, 1913, giving
notice to the unknown heirs Of
Nicholas Boswell and the unknown
heirs of John Noll, of the object
and substance of this bill, and
warning them to be and appear in
this Court, in person or by solicit
tor, on or before the Both day Of
January, 1913, to answer the
premises and to show cause, If any
they have, why a Decree ought not
10 be passed as prayed.
CLAYTON X. WATKINS,
Clerk of the Circuit Court
for Montgomery County.
True Copy-Test:
CLAYTON X. WATKINS,