Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1949-12-08
ORDER OF
PUBLICATION

The object Of this proceeding is
to obtain specific performance of
contract for the sale of real estate
and the Bill of Complaint states
in substance as follows:
That the Plaintiffs, Albert G.
Briggs, Melville B. Milstead, and
Leona D. Milstead, his wife, to-
gether with the Defendants, Dor
othy G. Read and William T. Read,
her husband, all as Grantors,
agreed in writing on August ~,
1919, to sell all their respective
right, title and interest in the fol-
lowing described real estate and
improvements thereon to the other
Defendants, Earl E. Milstead and
Mary E. Milstead, his wife, as
Grantees that said Grantees paid
deposit of $4,000 on the purchase
price but fail and refuse to pay to
said Grantors the balance of $40,
10000 on the purchase price and
refuse, to accept the Grantors' fee
simple deed, the said Grantees con-
tending that the Grantors cannot
convey good and marketable
title to the property because of
tax sale deed in the chain of title;
the land, with improvements there
on, is located in the Fifth Election
District of said Montgomery Coun-
ty and is described as follows:
Part of tract known as "Snow-
den's Mill" and part of a tract
known as Covenant of Peace"
Prospect of Peace" or "Soper's
Seat" included within the follow
ing metes and bounds: Beginning
on. Columbia Road and at the
extreme southeast corner of the
21s acre lot, of which this is a
part, conveyed by J. Forest Walker,
Treasurer, ct al unto William F.
Briggs by deed recorded among
said Land Records at Liber 558,
folio ITO, and running northerly
or said Columbia Road 1874 feet;
thence in a westerly direction 255
feet; thence in a southerly direction
parallel with this first line, 1854
feet; thence with the second line
of the conveyance aforesaid from
J. Forest Walker, Treasurer, re-
versed, 263 feet to the point of
beginning containing approximate
ly one acre of land.
The Bill further alleges that the
Grantors have performed all of
their part of said agreement, that
they are ready and willing to con-
vey good marketable fee simple
and unencumbered title to said
Grantees; that they admit the
aforesaid tax sale as being the
one on April 10, 1881, by ]. Forest
Walker, County Treasurer, where
by said Treasurer lawfully sold
the land of which this is part, to
one ]. Arthur Briggs for State and
County taxes then in default as
sessed to one Rein H. Brown,
sometime known as Resin H.
Brown, as reported to and ratified
by the Circuit Court for Mont
gomery County in Miscellaneous
Petition No. lib, folio No. 81;
that said property was thereafter
conveyed to one William F. Briggs
by good and sufficient deed ex-
ecuted by said J. Forest Walker,
Treasurer, J. Arthur Briggs and
his wife; that said Rein H. Brown
had good fee simple title to said
property which, at his death, went
to his widow, Mary B. Brown,
sometime known as Mary E.
Brown, by his last will and tesla
ment admitted to probate in the
Orphans Court of said County on
April 2, 1907; that said widow
thereafter died intestate, seized of
the same good title; that within
five years after said tax sale the
said William F. Briggs entered and
took possession of said propertv
and no heir nor any person on be-
half of said widow has ever en-