Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-03-08

AKA Brownie RoSengarth,
Plaintiff
VS..
RICHARD DENNY, Trustee;
]. LEO POPE, Trustee;
WILLIAM A. STUART and
ROSE l. STUART, his wife,
and the Unknown Heirs and
personal representatives of
any and all of the above
named defendants, Defendants.
Order of Publication
The object of this suit is to
secure a decree of the Circuit
Court for Montgomery County,
Md, declaring a certain Deed of
Trust, recorded in Liber 666 at
folio 1923, one of the Land Rec
ords of Montgomery County,
Nd, to be null and void and of
no effect and to have the Court
appoint a trustee or trustees in
the place and stead of the de-
PENDANTS above named, with full
power and authority to release
the said Deed of Trust, and for
such other and further relief as
the plaintiffs request requires.
The Bill states in substance:
That the plaintiff is the owner
in fee simple of Lot No. a
(four), in Block No. 6 (six) in
a subdivision known as High
land Park, as per plat recorded
in Plat Book No. 2 (two), plat
125, one of the Land Records for
said Montgomery County; she,
having acquired the property
from William A. Stuart and
Rose I. Stuart, his wife, by
Deed dated July %, 1881, and
recorded in Liber 524 at folio
155, one of the Land Records
for said Montgomery County,
and a certified copy of said
Deed being attached as plain
tiff's Exhibit No. 1; that there
appears, of record, among the
land records of said County a
certain Deed of Trust from Err
nest P. Rosengarth and Nellie
Maria Rosengarth, dated April
80, 1887, recorded in Liber 666
at folio 1923, securing the de-
PENDANTS William A. Stuart and
Rose /. Stuart, or the survivor,
the sum of S1108.08, a certified
copy of said Deed of Trust be-
ing attached hereto as plaintiffs
Exhibit No. Q; that the said
Deed of Trust is not valid and
subsisting lien as it purports to
be, no claim or demand to any
interest or any part of the prin-
cipal thereof, having been made
by the defendants or any per-
son, firm or corporation claim
ing to be the assignee thereof
for more than twenty (20)
years, nor has your Oratrix paid
or rendered payment of any
part of the same; that your Ora
trix believes, and therefore
AYERS, that said Deed of Trust
and the debts secured thereby, |
have long since been paid and
extinguished, but that the note
evidencing said debt has been
lost; that the said Deed of
Trust constitutes a cloud on the
title of your Oratrix's land
which prevents her from selling
or otherwise disposing of the
same; that the defendants j.
Leo Pope and Richard Denny,
trustees, are believed to both be
dead, or non-residentS, and that
the whereabouts of the defend
ants William A. Stuart and
Rose I. Stuart, If they be alive,
is unknown and they are be-
lieved to be non.residents; that
as consequence of the deaths
of the two named trustees, your
Oratrix cannot secure a release
of said Deed of Trust.
The Bill then prays:
1. That decree may be pass |
ed by this Honorable Court de-
claring the Deed of Trust re-
corded In Liber 666 at folio 1923
one of the Land Records of
Montgomery County to be null
and void and of no effect;
2. That this Honorable Court
appoint a trustee or trustees in
the place and stead of the said
Richard Denny and ]. Leo Pope,
with full power and authority
to release the said Deed of
trust recorded in Liber 666 at
folio 1923 one of the Land Rec
ords of Montgomery County,
Md.
3. And for such other and
further relief as her case may
require.
TT IS THEREUPON OR.