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


EDITH CUPPETT SMITH. RALPH
T. THAYER, Mortgage: RE-
BECCA THAYER. Mortgage;
ELISABETH p. THAYER Mort
gagec
No. 1923 Miscellaneous
IN THE CIRCUIT COURT FOR
GARRETT COUNTY
The object of this suit is to &C.
quire by condemnation certain
tracts or parcels of land situate in
the Fourteenth Election District of
Garrett County. Maryland, belong
ing to Edith Cuppett Smith: Ralph
r. Thayer. Mortgagee; Rebecca
Thayer. Mortgage; and Elisabeth
p. Thayer, Mortgagee
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 i'm the State of Maryland.
That they have determined ii to
be necessary and proper TO acquire
for the purposes referred TO in said
DCllliOil anu III COllIlNONlOli WIN AlAN
construction and maintenance OF
the highway system of the State
all those tracts or parcels of land
situate i'm the Fourteenth Election
District of Garrett County. Mary
land, being and comprising all the
land consisting Of 0.85 acres, more
or less. lying between the lines
marked Right of Way Line" as
shown on Plat Nos 1854 and
1855. which are being taken in fee
simple. and 0.84 acres, more or less
also shown on said plats for slope
and drainage easements.
TOGETHER with the right OF
easement to create. use and main
tain on the land shown hatched 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 in
the legend shown on said plats
and together with the perpetual
right to erect and maintain be-
tween October LIST and April lst OF
each year. snow fences, provided
that said snow fences shall not
interfere with the construction and
use of buildings now erected OF
hereafter erected. with growing
crops. or roadwaYS. within one
hundred feet of the land hereby
condemned in fee simple. and to-
gethcr with any right. title and in
tercst of the defendants in and tC
the existing bed of Us. Route No
219. lying between the lines marked
Right Of Way Line" as shown on
the aforesaid plats.
That the said property is now
held under the provisions of the
VIII Of \. CArtemesi Clyde Smith
dated June 30. 1888 and probateC
on February II. 1929, in Liber No
c. Folio 449 K c. among the Wills
Records of Garrett County. Mary
land
ca That the said property is sub
iect to the lien of a mortgage given
by Edith Cuppett Smith to FREQ
A. Thaycr, dated September 3
1887. and recorded on September
7, 1887, in Liber A.G.R. No. 1l3
Folio $50 &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 Will, which was
probated on September 10 1852
under a reSiduary clause. his in
tercst in said mortgage was de
vised to Ralph 7. Thayer, Rebecca
Thayer and Elisabeth r. Thayer.
b. That the said property i;
subject to the lien of a mortgage
given by Edith Cuppett Smith tC
Frederick A. Thayer. Jr., dateC
June %, 1947, and recorded on July
"a l947, in Liber RID. No. 144
Folio Ala, among the Mortgage
Records of Garrett County, Mary
land, securing the payment of the
total sum of $4,000 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 sale
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
! 219, Thayerville to Deep Greek
Bridge, in Garrett County, Mary
| land.
That the Petitioners are unable
to make an agreement with the de
PENDANTS and that the Petitioner,
have deposited a check in the
amount of One Hundred anC
Seventy Dollars $1,000, in the
hands of the Clerk of the Circuit
Court for Garrett County, in con
fOrmity with the provisions of Ar
ticle SOB Section 9, Public Genera
Laws of Maryland, said Petitioners
deeming the said sum to be the
fair value of the land taken anC
damages done to the property anC
that it is in the public interest fOl
them to take possession for the
aforesaid purposes
That the defendant, Edith Cup
petit Smith is a nonresident of the
State of Maryland, residing at pa
Eighth Street, N E.. Washington
d. c., and that the defendant, Re
becca Thayer, is a nonresident OF
the State of Maryland, residing al
636 Belmont Street, Wooster, Ohio
NOTICE is HEREBY GIVEN tC
Edith Cuppett Smith, residing al
244 Eighth Street, n F., Washing
to-, n = o,,J Dohnnoo rTb a,to,, 70