Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1952-06-26
Equity No. 10000
Order of Publication

vi NCA VI uU1AC0 CAOI
The object of this Bill of Com
plant is to procure specific per-
Torrance of a contract for the sale
of certain a n d in Montgomery
County, State of Maryland, known
as and designated, Park in Sec
ttion 81 in subdivision known as
and called Garrett Park" as shown
OH plat of said subdivision record
ed in Plat Book "a" at plat 81,
one of the Land Records for Mont
gomery County, Maryland. The sub
stance of the Bill is as follows:
l. That the plaintiffs are the
owners of said land, above men
toned.
2. That they entered in o an
agreement to sell said land to
Francis Short, but tn a t Francis
Short refused to accept same, ad-
vising the plaintiffs that the title
to the same was not good and mer-
charitable inasmuch as the defend
ant, Francis S h It, has advised
your Orators that their title is
based upon what is known as
"tax title" in that the County
Commissioners of Montgomery
County, Maryland, from whom
your Orator, Walter M. Plank, re-
ceived deed to said land, having,
purchased said land for state and
county taxes unpaid for the year
1880 on April IS, 1881, as shown
by Miscellaneous Petition Number
lib, Item number 20, which said
land was sold in the name of Mad
dox Marshall & Company, the then
record owners, and that Mayor and
Town Council of Garrett Park
from whom your Orator also re-
ceived a deed to said land purchas-
ed said land for non-payment if
municipal Garrett Park tax due
and unpaid for the year 1928 and
S h wn in Miscellaneous Petition
number 1887, lite m number 10,
which said land was sold in the
name of Maddox, Marshall & Com
Ipany, and further that in the chain
of title to said land in a certain
deed from S. Dana Lincoln and
Hadassah Lincoln to George L. Mil
Ter, the land was described as
parking" between certain section
instead of the correct legal descrip-
ton, also, this description was
used in deed of conveyance from
George L. Miller and Ada R. Miller,
his wife, to Pearl J. Shaddick and
also in a deed of conveyance from
Pearl ]. Shaddick and John Philip
Shaddick, her husband, to Maddox,
Marshall & Company in Liber 354
at folio 1862 and he defendant
claims that such could result in
defect in said title to the land by
possible interest of the grantors
and grantees in said conveyance.
3. That the plaintiffs are able
and willing to deliver unto said de-
PENDANT deed to said land, but he
still refuses to accept in accordance
with agreement.
4. That because of said alleged
defects in title to the land describ-
ed in the agreement filed herein,
the said Francis Short has delayed
and evaded the performance of
their agreement and has refused
and still refuses to pay your Ora
tors the sum of TWO THOUSAND
DOLLARS $4,000 although t h e
time limit for the performance of
said contract is pas., and your
Orators are now able and willing
to deliver unto said defendant,
Francis Short, deed conveying the
land described in said agreement by
a good and merchantable title, in
accordance with said agreement.
1t is thereupon, ordered this 18th
day of June, 1852, by the Circuit
Court for Montgomery County, Sit
ting as a Court of Equity, that the
plaintiff cause a copy of this Or
der to be inserted in some news
paper published in Montgomery
County, once week for four sue
cessive weeks before the 21st day
of July 1862, giving notice to the
defendants of the object and sub
stance of this Bill and warning
them to be and appear in this
Court on or before the 9Th day Of
August 1862, to show cause, If any
they may have, why decree should
not be passed as prayed.
CLAYTON X. WATKINS,
Clerk of the Circuit Court for
Montgomery County, Md.
True Copy-Test:
Clayton X. Watkins, Clerk 1923
MEATYARD AND CARLIN
Attorneys for Plaintiff ~