Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1950-10-05
No. l4845 Equity
ORDER OF
PUBLICATION

Alexander Kilgour, under certain
Deed of Trust recorded among the
Land Records of Montgomery
County, Maryland, and to vest in
said substitute Trustees full power
and authority to execute a Release
of the Deed of Trust set forth in
the petition.
The Bill states in substance:
That the plaintiff, Hebb Freeman,
is the owner of two parcels of
land, situate at the corner Of
Russell and Diamond Avenues in
the town of Gaithersburg, de-
scribed as follows:
Commencing at a stone planted
at the Northeast corner of Russell
and Diamond Avenues, fronting
on said Diamond Avenue 80 feet
and running back with Russell Ave-
nue. 1877 feet and connecting with
| lot No. Is in Block No. 2 of Rus
sell and Brooke's Addition to Cal
thersburg; and binding on said
Lot Is feet and connecting with
the former Zadoc Case property
1877 feet to Diamond Avenue; and
then binding on said Diamond Ave-
nue. 80 feet to the beginning, said
Lot being laid down on the plat
of said Russell and Brooke's Add
ton to Gaithersburg as the same
is of record in Liber IA "a, Folio
3O8, one of the Land Records of
said Montgomery County; and be-
ing the same land which was con-
veyed to William McBain
by William H. Talbot, Trustee
for John A. Belt by Deed
dated the 18th day of September,
in the year 1906, and of record III
Liber 1913, Folio 367, one of the
Land Records of Montgomery
County, Maryland. which land and
premises were conveyed to him by
one Mamie P. Stringfellow, widow,
by Deed dated February 10, 1850,
and recorded on May 16, 1850,
among the Land Records of Mont
gomery County, Md; that there
appearso f record among said Coull-
ty Land Records, a certain unre-
leased Deed of Trust from John W.
Case to Thomas Dawson, Jr. and
Alexander Kilgour, dated January
20, 1914 and recorded in Liber 24l
at Folio 1877, certified copy of said
Deed of Trust being attached here
to as Plaintiffs Exhibit No. l, Sc
curing one Alexander G. Carlisle;
that said Trustees, Thomas Daw-
son, Jr. and Alexander Kilgour
are both deceased; that the said
Alexander G. Carlisle is also de-
ceased, having died in the early
part of the year 1925, intestate,
leaving as his heirs at law and
next of kin his widow, Isabel
Carlisle, who is now deceased, and
two children, namely, Minnie
Carlisle Poland and Frank Carl
isle, defendants herein; that the
Administrator of the personal
estate of the said Alexander G..
Carlisle, in filing the First and
Final Account and Inventory of
said estate, did not disclose that
the note secured by said deed Of
trust was an asset in said estate
and the petitioner herein has been
advised by prior owners of said
property that no interest whatso-
ever has been paid on account of
said note for more than twenty
years, and your petitioner there
fore alleges that said note secured
by said deed of trust has long
since been paid; that said deed of
trust constitutes a cloud on the
title of the property of your pc
titioner and since there is no one
now living to release the same. it
will be necessary for this Court to
appoint Trustees in the place and
stead of Thomas Dawson, Jr. and
Alexander Kilgour, and vest in
said substitute trustees all the
powers in said trust described, and
with full authority to release the
same from the Land Records of
said County.
The Bill then prays:
~ That this Honorable Court
pass an Order appointing a
Trustee or Trustees in the place
and stead of Thomas Dawson, Jr.
and Alexander Kilgour, vesting in
said substitute Trustee or Trustees
all the powers and trust with which
the said Thomas Dawson Jr. and
Alexander Kilgour were vested
and with full power and authority
in said substitute Trustee or
Trustees to execute a release of
said Deed of Trust.
2. For such other and further re-
lief as this case may require.
1T is THEREUPoN, this 22nd
day of September, A. d. 1850, by
the Circuit Court for Montgomery
County, sitting as a Court Of
Equity, and by authority Thereof,
adjudged and ordered that the
plaintiff, by publishing a copy of
this Order of Publication in some
newspaper printed and published IN
said Montgomery County, once in
each of four successive weeks, be-
fore the 30th day of October, 1850,
giving notice to the said absent de-
PENDANT, Frank Carlisle, who is a