Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1956-02-02


by deed recorded in Liber 512,
folio IA, one of the Land Rec.
ords of Montgomery County,
Maryland; that Country Club
Properties, Inc. by deed dated
October 20, 1880, recorded in Ii.
Der 512, folio LAG, conveyed said
lot to J. w. Henson; that j. w.
Henson and Mamie T. Henson, his
wife, of Landover, Maryland, on
November 20, 1880, executed two
deeds of trust conveying said lot
to a certain Edwards D. Ford,
Trustee, 1910 Roosevelt Boule-
ward, Philadelphia, Pa. to secure
payment of two notes, one for
$6,600.00 and the other for $4,000.
both notes being payable to ].
w. Henson and Mamie T. Hen.
son, his wife;
That thereafter on April II,
1892 and April 10, 1888, said lot
was sold by ]. Forest Walker,
Treasurer of Montgomery Coun-
ty, Maryland, for unpaid State
and County taxes for the Levies
of 1881 and 1882, and said sales
were reported to, and finally rati-
fled, by the Circuit Court for
Montgomery County, Maryland,
in Miscellaneous Petitions Nos.
1141, Item 648 and No. 1859, Item
GAL.
That thereafter, said property
not having been redeemed from
said tax sales, J. Forest Walker,
Treasurer aforesaid, by deed da-
ted September 10, 1895, record
ed in Liber GOA, folio "A, conveyed
said lot to the County Commits
sioners of Montgomery County;
That thereafter by deed dated
January 6, 1897, recorded in Lii
Der 652, Folio 1874, ]. Forest Walk
er, Treasurer of Montgomery
County, and Montgomery Coun-
ty Commissioners conveyed said
lot to Amos H. FRANKIE and Bern
ice FRANKIE, his wife.
That thereafter Amos H.
FRANKIE and wife conveyed said
lot to Clarence V. Hall and Helen
E. Elliott, as Joint Tenants,
(Helen E. Elliott having since be-
come by marriage, Helen Eliza
beth Hall) the Plaintiffs IN this
cause, by deed dated June 9, 1913,
recorded in Liber 910, folio 1886.
That on July 30, 1855, Plain
tiffs entered into an agreement
with Defendant, Myron E. Gustaf.
son to sell to him said lot for
the sum of $4,000, accepting a
deposit of $500, balance to be
paid upon delivery of deed, title
to be good and marketable, clear
and unencumbered, purchaser to
comply with terms of the con-
tract within 80 days from date
of contract.
That Plaintiffs have rendered
to Defendant Gustafson, a good
and sufficient deed to said prop
erty after the expiration of said
80 days mentioned in the con-
tract, but Defendant Gustafson
refuses to accept same and de-
clines to consummate said agree
ment according to the terms
thereof, giving as his reason
therefor, that Plaintiffs cannot
convey to him good marketable
title, clear and unencunbered, as
required by said contract, because
Plaintiffs title comes through
the Tax Deed hereinbefore re-
ferred to and title is encountered
by the two deeds of trust here
inbefore referred to.
The Bill further states that
Plaintiffs having performed all
the requirements on their part
to be performed, and the Defend
ant, Myron E. Gustafson, having
failed and refused to perform
such agreement according to the
terms thereof, request that the
agreement be specifically en-
forced, and Defendant, Myron E.
Gustafson, be decreed to comply
with the terms of the contract
and accept deed from the Plain
tiffs.
1t is thereupon this 9th day of
January 1856, by the Circuit
Court for Montgomery County,
Maryland, sitting as a Court of
Equity, ORDERED that the
Plaintiffs by causing copy Of
this order to be inserted in some
newspaper printed and published
in Montgomery County, once in
each of four successive weeks be-
fore the 18th day of February
1856, giving notice to ]. w. Hen
son and Mamie T. Henson and
their unknown heirs, devisees,
personal representatives and as
signs, and to Edwards D. Ford,
Trustee, and the Philadelphia Ma
tional Bank, non-residents, and to
all persons having or claiming to
have any interest in or to the lot
of land the subject matter of this
cause, of the purpose and sub
stance of this bill of complaint,
warning them to be and appear
in this Court, in person or by