The Republican. [volume] (Oakland, Md.) 1877-current, 1955-07-14
ORDER OF PUBLICATION

l. - ~ y n DIN y y anu
BRAAlWELL KELLY Constiu-
ting the STATE ROADS COM
MISSION OF MARYLAND act
ing for and ON behalf of the
STATE or MARYLAND,
EDITH CUPPETT SMITH, RALPH
r. TlfAYER Mortgagee: RE
BFCCA TUAYER. Nortga@ec;
ELISABETH p THAYER Mort
gagec
No 1923 Miscellaneous
IN THE CIRCUIT COURT FOR
GARRETT COUNTY
The object of this suit is to ac-
quire by condemnation certain
tracts or parcels of land situate in
the Fourteenth Election District of
Garrett County, Maryland. belong
ing to Edith Cuppctt Smith, Ralph
r. Thaycr, Mortgage: Rebccca
Thayer Mortgage; and Elisabeth
p Thayer MORTGAGE
The Petition states that the pc
titionerS constitute the State Roads
Commission of Maryland and are
charged with the construction and
maintenance of highways and
bridges in the State Of Maryland
That they have determined it to
be necessary and proper to acquire
for the purposes referred TO i'm said
petition and i'm connection with the
construction and maintenance of
the highway system of the State
all those tracts or parcels of land
situate in the Fourteenth Election
District of Garrett County. Mary
land, being and comprising all the
land consisting of 0S5 acres. more
or less. lying between the lines
marked Right of Way Line" as
shown on Plat Nos 1854 and
1885. which are being taken i'm fee
simple, and 084 acres, more or less
also shown on said plats for slope
and drainage easements.
TOGETHER with the right or
easement to create. use and main
tain on the land shown Matched on
said platS, drainage structures and
facilities necessary to adequately
drain and retain the roadway and
or adjacent property, and together
with the right to create. use and
maintain on or across the adjacent
land of the defendants waterways
and or inlets and outlets necessary
for drainage structures indicated i'm
the legend shown on said plats
and together with the perpetual
right to erect and maintain be-
tween October LIST and April LIST of
each year. snow fences. provided
that said snow fences shall not
interfere with the construction and
use of buildings now erected or
hereafter erected. with growing
crops, or roadWays. within one
hundred feet of the land hereby
condemned in fee simple and to-
gether with any right title and in
tereSt of the defendants i'm and to
the existing bed of Us. Route No
2l9. lying between the lines marked
Right of Way Line" as shown on
the aforesaid plats.
That the said property is now
held under tie provisions Of the
viii of 4 rArtemeS Clyde Smith.
dated June 30 1888 and probated
on February II. 1929, in Liber No
c. Folio 449 & c. among the Wills
Records of Garrett County. Mary
land.
"a That the said property is sub
icct to the lien Of mortgage given
by Edith Cuppett Smith to Fred
A. Thayer, dated September 3
1887 and recorded on September
Z. 1887. in Liber AGR No. 1l3
Folio 500 &C among the Mortgage
Records OF Garrett County, Mary
land. securing the payment of the
total sum Of 5000 as expressed in
said mortgage. the said Fred A.
Thayer having since departed this
life. and by his VIII. which was
probatud on September TO- 1852
under a rcSiduarY clause his in
tcrest in said mortgage was de-
vised to Ralph T. Thayer, Rebecca
Thayer and Elisabeth p Thaycr
tb) That the said property is
subject to the lien Of a mortgage
given by Edith Cuppett Smith to
Frederick A. Thayer. Jr, dated
June %. 1917, and recorded on July
"a. l947. in Liber RID. No l44
Folio Ala. among the Mortgage
Records Of Garrett County, Mary
land, securing the payment of the
total sum of S25000 as expressed
in said mortgage, the said Fred
erick A. ThaYer Jr., having since
departed this life and by his will
he devised his interest in said
mortgage to his wife, Elisabeth p
Thayer.
That the land and property is
sought to be condemned in connec-
ton with the State System of Roads
and Bridges and especially for the
construction of U. S. Route No
2l9 Thayerville to Deep Greek
Bridge in Garrett County, Mary
land