Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1948-04-15

NuO4N Wv ~ IN L L
+ SITTING AS
A COURT OF EQUITY.
No. 1920 Equity.
Lynn H.. Wood and Maude G.
Wood, his wife,
Plaintiffs,
Erwin E. Cossentine and Mildred
P. Cossentine, his wife; Joseph
L. Harley, his heirs or assigns,
or anyone claiming by, from
or under him; Virgini a
Woodin, her heirs or assigns, or
anyone claiming by, from or
under her; Town of Takoma
Park, body corporate; Abra-
ham Newman, Edward A. New
man and Mae Newman Ullman,
their heirs or assigns, or anyone
claiming by, from or under
them,
Defendants.
The object of this suit is to OBJ
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 Lot as, in A. M. Germans re-
subdivision of Block 55, in HB. F.
Gilbert's Addition to Takoma
Park, as shown upon a plat of
said subdivision recorded in Plat
Book GAP, Plat 80, one of the
Land Records of Montgomery
County; and being the same land
conveyed unto Lynn H. Wood and
Maude G. Wood, his wife, by deed
from Elizabeth S. Hoskinson,
widow, dated July IS, 1915, and
recorded in Liber 975, at Folio
PIP; that on August %, 1947, the
plaintiffs entered into written
agreement with the defendants,
Erwin E. Cossentine and Mildred
P. Cossentine, his wife, to sell said
land to the defendants Cossentine
for the sum of $2,500.00, of which
$4,000 has been paid on account,
and final settlement was to be
made 30 days after date, at which
time the balance of 100000 was
to be paid to the plaintiffs; that
the defendants Cossentine have ad-
vised the plaintiffs that they do
not have a good and merchantable
title to said land because said title
is based upon a tax title, in that
Clarence H. Hoskinson purchased
said land for State and County
taxes unpaid for the year 1918 in
April, 1919, which land was sold
in the name of Joseph L. Harley,
the then record owner, and the
said Hoskinson received a deed
for the same from Berry E. Clark,
Clerk to the County Commission
ers,. etc., or April II, 1921, as re-
corded in Liber 304, at Folio, los;
that after said sale to Hoskinson,
but prior to the date on which he
received his deed, Ben G.. Davis,
Treasurer of the Town of Takoma
Park, sold said, land, then titled in
the name of Joseph L. Harley, to
Virginia Woodin on May 10. 1920
for Town taxes due and owing for
the year 1920, but no deed was
given to said Virginia ,Woodin;
that on May 6, 1924, and on May
IL, 1926, the Town of Takoma
Park attempted to sell the alleged
interest of Virginia Woodin for
Town taxes supposedly due and in
arrears for the years 1924 and
1885 to a certain Meyer B.
Newman; neither of which sales
were ratified or a deed given; that
MeyeridB. Newman died, testate,
June A, 1881, leaving as his heirs
at .law,d, Abraham Newman, Ed
ward "A. Newman and Mae New
man ullman, and that under his
Will the residue of his estate was
left to Abraham Newman and Ed
ward A. Newman, who thereafter
conveyed a 1s interest to Mae
Newman Ullman; that because of
said alleged defects in title to the
land described in said Agreement
the said defendants, Erwin L. Cos
sentine and Mildred P. Cossentine,
his wife, have delayed and evaded
the performance of their agree
ment and have refused to pay to
the plaintiffs the sum of 100000,
although the time limit for per-
Torrance of said contract is past
and the plaintiffs are able and
willing to deliver to the defend
ants Cossentine a deed conveying
said land by good and mechant-
able title that the plaintiffs
have a good and merchant
able title to the land described, in
said agreement, having acquired
title by deed from Elizabeth S.
Hoskinson, and that the plaintiffs
and their predecessors in title have
had said land in their possession
openly, continuously, adversely
and VIGOROUSLY for a period Of
more than 20 years; that the de-
PENDANTS, Erwin E. Cossentine and
Mildred P. Cossentine, his wife,
are adults and residents of Mont
gomery County, Maryland; that
the defendant, Town of Takoma
Park, is an Incorporated Town of
the State of Maryland; that the
defendants, Joseph l.. Harley and
Virginia Woodin, are non-residents
of the State of Maryland, but their
addresses are unknown to your
Orators and it is unknown whether
they be living or dead; that the
defendants, Abraham Newman,
Edward A. Newman and Mae
Newman Ullman, are all non resi-
dents of the State of Maryland,
and when last heard from were
residing in the State of New
York, State of New Jersey and the
District of Columbia, respectively.
The bill then prays that said
agreement be specifically enforced
and that Erwin E. Cossentine and
Mildred p. Cossentine, his wife,