Montgomery County sentinel., 1950-05-11
No. 1887 Equity.
ORDER OF
PUBLICATION

The object of this proceeding is
to obtain specific performance of
a contract for the sale of real es-
tate.
The Bill of Complaint states in
substance as follows:
That Charles H. Stewart was the
owner of a tract of land called
'EDINBOROUGH", also called
Dorsey's Meadow situated in the
9th or Gaithersburg Election Dis
trict of Montgomery County, con-
tanning 5 acres and 80 square
perches of land, more or less, which
was conveyed to him by Remus G..
Dorsey, ct al by deed dated April
6, 1879, recorded in the Land
Records of Montgomery County,
Maryland, in Liber E. B. P. No. 21,
Folio 35; that said Stewart exc
cuted mortgage on said property
to a certain Ignatius T. Fulks, to
secure the sum of $4,000 which
mortgage was recorded in Liber
E. B. P. No. SO, Folio 88, one of
said Land Records and said mort
gage has never been released of
record.
The Bill further sets forth that
on April IL, 1920, said land was
sold by Berry E. Clark, Collector
of Taxes of Montgomery County
to John ]. O'Neil, for taxes due and
in arrears assessed against said
Charles H. Stewart; that said sale
was reported to and. duly ratified
by the Circuit Court for Mont
gomery County, on July 16, 1920,
in Miscellaneous Petitions No. 692,
Item N. %; that said property not
having been redeemed from said
tax sale, said Berry E. Clark con-
veyed said land to John J. O'Neil
by deed dated April 20, 1922, re-
corded in Liber 314, Folio 261, one
of said Land Records;
That thereafter John j. O'Neil
conveyed said land to Annie O'Neil
by deed dated November 1928, re-
corded in Liber 342, Folio 13O, one
of said Land Records;
That thereafter on April 8, 1928,
j. Forest Walker, Treasurer of
Montgomery County, sold said land
for State and County Taxes, due
and in arrears assessed against
Annie O'Neil, to T. M. Linebarger,
which sale was duly reported to
and ratified by the Circuit Court
in Miscellaneous Petitions No. 1852,
Item 1913, and said property mot
having been redeemed from said
sale, j. Forest Walker conveyed
said property to P. M. Linebarger
by deed dated January %, 1881, re-
corded in Liber 514, Folio 498, one
of said Land Records;
That on April IL, 1887, said ].
Forest Walker, Treasurer, sold
said land for State and County
taxes due and in arrears assessed
against P. M. Linebarger, to Coun-
ty Commissioners of Montgomery
County, and said sale was duly re-
ported to and ratified by the Cir
cult Court on October 10, 1888 in
Miscellaneous Petitions No. 1875,
Item 349, one of said Land Records.
That on April 27, 1910, Lillian
B. Linebarger, ct al, being all the
heirs at law of P. M. Linebarger,
conveyed all right, title and interest
of said P. M. Linebarger, in and
to all property owned by him in
Montgomery County and including
tax deeds or certificates, to Capital
Mortgage and Title Company, Inc.
by deed recorded in Liber 781, Folio
373, one of said Land Records.
That on July 20, 1943, said prop
erty not having been redeemed from
said Tax Sale, John B. Diamond,
Treasurer and County Commission
ers of Montgomery County, con-
veyed said property to Claude L.
Layman and wife, by deed recorded
in Liber 915, Folio 487, one of said
Land Records, and Claude L. Lay
man and wife, conveyed said prop
erty to Herman r. Allen and wife,
by deed dated January 25, 1947 |
and recorded in Liber 1877, Folio |
ATT, one of said Land Records.
The Bill further states that Her.
man r. Allen and wife entered into
a contract of sale of said land with
Clara c. Crouch, a Defendant in
this cause, for the sum of Three
Hundred Dollars ($300S0), Fifty
Dollars ($50.00) Of which was paid
Galley Q of Legal for Sentinel. It
down by the said Clara Chesney
Crouch as deposit and the balance
to be paid all in cash at the time
Of delivery of deed. The contract
further provided that property was
TO be conveyed to Clara Chesney
Crouch by a good and sufficient
deed, title to be good and merchant
able and unencumbered; that Plain
lifts herein offered a good and suffi-
rient deed to said property to the
Defendant, Clara Chesney Crouch,