Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1953-09-03

MONTGOMERY COUNTY, MD.
Defendants
No. 1880 Equity
Order of Publication
The object of this proceeding is
to secure the foreclosure of all
rights of redemption in and to
2.20 acres of land lying in the 4th
election district in Montgomery
County, Maryland, bounded on the
north and east by the Baltimore
and Ohio Railroad, on the south
by the Town of Garrett Park, and
on the west by tract now known
as the White Flint Club, per a
plat of the said land attached to
the Bill of Complaint herein, sold
by the Collector of Taxes for Mont
gomery County, Maryland, to AL
ton L. Wells, and further, to show
that Alton L. Wells is the party
entitled to the excess proceeds of
the tax sale, as grantee of the
fee simple title of the property,
and to restrain Montgomery Coun-
ty, Maryland from collecting from
him more than the taxes due at
the time of sale, interest, and cost
of sale.
The bill further states that John
Mccarthy died owning three tracts
of land which he had acquired by
deeds recorded respectively in Lii
Der No. JA3, Folio No. 464, Liber
No. JA15, Folio No. $40, Liber No.
JA19, Folio No. 1877, which said
three tracts he later referred to as
his farm at Windhams', now known
as Montrose, which in his will re-
corded in the office of the Regis
ter of Wills of Montgomery Coun-
ty, Maryland, Will Book No. GDC-
IL, Page No. 221, he left in trust
with directions to his trustee to
convey to Ellen D. Copp, but that
the Trustee when conveying the
same, excepted from the convey
ance the land described in this
proceeding, reciting that it had
been heretofore conveyed by the
said John Mccarthy, but that a
careful search of the Land Records
fails to show the conveyance by
Mccarthy, and the land laid va
cant and unoccupied for many
years; that the office of Assess
ment for Montgomery County,
Maryland, reported their inability
to find an assessment for the prop
erty, and in 1851 levied assessment
against the land in the name of
John McCarthy's heirs; that the
taxes on this assessment were not
paid and the land was sold by
the Collector of taxes June 8,
1852, to your Orator, and the GER
tificate of the tax sale is attached
to the bill.
That on July 1, 1862, your Ora
tor obtained a deed from Tracy
Copp, Jessie c. Minahan, William
H. Copp and Elsa Copp, reciting
that they constituted all the heirs
at law of Ellen D. Copp.
That the Plaintiff had a plat
prepared by the County Surveyor
of the three tracts conveyed to him
in the aforesaid deeds and super
imposed on it the tract SUISSE
quently conveyed by Copp to Kin
nan, which showed 2.20 acres
southwest Of the, Baltimore and
Ohio Railroad conveyed by the
first three deeds, but not conveyed
by Copp of this 2.20 acres. A plat
was made by the County Survey
or filed in the cause as the prop
erty claimed in the proceedings.
The bill further states that the
Plaintiff believes he owns the fee
and that the County should, there
fore, be restrained from collecting
the surplus.
1t is, thereupon, this goth day
of August, in the year 1858, by
the Circuit Court for Montgomery
County, in Equity, ORDERED that
notice be given by the insertion
of copy of this order in some
newspaper having a general cir
culation in said Montgomery Coun-
ty, once a week for four success
sive weeks, before the 2Sth day of
September, 1858, warning the I'M
known heirs of John Mccarthy de-
ceased and all other persons in
terested in said property to be and
appear in this Court by the goth
day of October, 1858, to redeem
the property described above and
answer to the Bill or thereafter
a Final Decree will be rendered
foreclosing all rights of redemp-
ton in the property and vesting in
the Plaintiffs a title free and clear
of all encumbrances.
CLAYTON X. WATKINS,