Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-07-26
Order of Publication

Order of Publication
The object of this proceeding
is to obtain Specific Perform
ance of a contract for the sale
of real estate. The Bill of Com
plant states in substance as fol
lows:
That in 1890 one Rufus G..
Morrison was the record own
er of a tract of land called
Heart of Constant Friendship"
and Token of Love-" which
tract embraces the subdivision
of Aubrey Heights" as per
plat A-57, containing twenty
COO acres, more or less; that
thereafter on October 30, 1893,
said Rufus G. Morrison exc
cuted a mortgage to a certain
Charles T. Spero to secure the
sum of Three Thousand Dollars
($3,000.00.), said mortgage be-
ing duly recorded on October
30, 1893, in Liber JA41, Folio
80, and said mortgage has never
been released of record; that
thereafter, in the year 1901,
said land was sold for taxes
due for the year 1900, to one
Thomas Dawson, the report of
said sale being duly recorded
in Miscellaneous Petitions No.
1868 at Page 248 on May 10,
1901; that thereafter, said prop
erty not having been redeemed
from said tax sale, the land
was conveyed by deed to said
Thomas Dawson, by deed dated
and duly recorded on June %,
1903, in Liber TD26, Folio 1884;
that thereafter, said Thomas
Dawson, and Mary A. Dawson,
his wife, conveyed by deed Lots
a, 5, 6, Z, and 8, in Block 2,
and other property in Aubrey
Heights Subdivision to their
successors in interest, and
through various mesne convey.
ance titles to said tract of land
was vested in one Joseph H.
Bradley, by deed dated May 8,
1915. and duly recorded on June
4, 1915, in Liber $50, Folio 300;
that said Rufus G. Morrison,
unmarried, conveyed by deed
dated May 10, 1894, Lot 9, in
Block 2 of Aubrey Heights
Subdivision to his successor in
interest and through a mesne
conveyance title to said tract of
land was vested in the said Jo-
seph H. Bradley by deed dated
and duly recorded on August
IA, 1915, in Liber 252, Folio
65; that thereafter said tract
of Lots 4, 5, 6, z, 8 and 9, in
Block 2, in Aubrey Heights Sub
division was conveyed by deed
to the successor in interest of
said Joseph H. Bradley, and
through various means convey
ance titles to said tract of land
vested by deed in your petition
er, Mark Eisner, Jr., said land
being described as Lots 4, S, 6,
Z, 8 and 9 in Block 2 of Aubrey
Heights Subdivision, and being
further described by metes and
bounds as containing 37,903
square feet, more or less, said
deed dated May 81, 1862, and
duly recorded on June Is, 1862,
in Liber 1916, Folio 100.
The Bill further states that
by contract of sale dated June
Is. 1862, and accepted by your
petitioner, Mark Eisner, Jr., on
June 25, 1862, the plaintiff
agreed to sell and the defend.
ant, William F. Copenhaver,
agreed to buy a certain parcel
of land described as Lots A, 5,
6, z, 8 and 9, in Block 2 in Aut.
rey Heights Subdivision and be.
ing further described therein,
by metes and bounds, as con.
tanning 37,903 square feet, more
or less, as per Plat filed here.
with and marked Plaintiffs Elk.
hibit No. 2, that the sale price
of said property is One Hundred
Thousand Dollars ($100,00O.O0)
which the defendant agreed to
pay at time of settlement; the
contract of sale further pro.
vided that the property was to
be conveyed to the defendant by
good and sufficient deed, title
to be good and merchantable
and unencumbered; that the
plaintiff herein offered a good
and sufficient deed to said
property to the defendant, VIII.
LIAM F. COPENHAVER, who
} refused to perform his part oil
: the Contract, alleging that the
deed Offered to him is not a
good and sufficient deed; that
: it will not convey to him a gooo
, and merchantable title, clear
and unencumbered, because the
title of the plaintiff, MARX
: EISNER, JR., comes through
. the Tax Deed herein before re
cited and further that it is en-
numbered by the mortgage
e hereinbefore mentioned.
y The Bill further sets forth
that the plaintiff having per
formed all the requirements OF
? his part to be performed, anc