The Republican. [volume] (Oakland, Md.) 1877-current, 1955-07-21
ORDER OF PUBLICATION

! DINA vi w El4l4 NELL l. l uIlSlltu-
ting the STATE ROADS COM
MISSION OF MARYLAND, act
ing for and on behalf of the
STATE OF MARYLAND,
VS.
/ EDITH CUPPETT SMITH. RALPH
T. THAYER. Mortgagee: RE-
BECCA THAYER. Mortgage;
ELISABETH p. THAYER. Mort
gage.
No. 1923 Miscellaneous
IN TIE 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 Cuppett Smith; Ralph
r. Thayer. Mortgagee; Rebecca
Thayer, Mortgage; and Elisabeth
| r. ThaYer, Mortgage.
The Petition states that the pc
! titioncrS 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 in said
/ petition and in 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 085 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.
I 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 in
! 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 in and to
the existing bed of US Route No.
PIG, 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 A. (Artemes) Clyde Smith.
dated June 80. 1888 and probated
on February ~ 1929 in Liber No.
c, Folio 449 & c. among the Wills
Records of Garrett County, Mary
! land.
a That the said property is sub
ject to the lien of a mortgage given
by Edith Cuppett Smith to Fred
A. Thayer, dated September 3,
1887, and recorded on September
| 7, 1881 in Liber AGR No. 113.
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 VIII. which was
probated on September 10, 1852,
under residuary clause, his in
tereSt in said mortgage was de-
vised to Ralph T. Thayer, Rebecca
! Thayer and Elisabeth p. Thayer.
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 %, 1947 and recorded on July
"a, 1947, 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 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 Ua S. Route No.
PIG, 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 Petitioners
have deposited a check in the
amount of One Hundred and
Seventy Dollars $4,000, in the
hands of the Clerk of the Circuit
Court for Garrett County, in con-
fOrmity with the provisions of Ar
ticle SOB, Section 8, Public General
Laws of Maryland, said Petitioners
deeming the said sum to be the
fair value of the land taken and
damages done to the property and
that it is in the public interest for
them to take possession for the
| aforesaid PURPOSES