Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1963-09-19

declare a Deed null and void
and to annul the recording of
the said Deed, the Bill of Com
plant states in substance that
this Court has jurisdiction over
this matter by virtue of Article
16, Section 1913 of the Annotated
Code of Maryland (1957; that
the plaintiffs are owners of a
certain parcel of real estate 10.
Gated in Montgomery County
and known as and distinguished
as Lot No. 6 in Block Lettered
G in Subdivision known as Sec
ton 2 North Woodside as per
plat recorded in Plat Book 3 at
plat 297 among the land records
of Montgomery County, Mary
land, and further known as 2008
Lucerne Avenue, Silver Spring,
Maryland: that by a contract
dated January 3, 1868 and with
subsequent amendments dated
January IS, 1863, the plaintiffs
herein agreed to sell the above.
described premises to one Uric
Funaroff who it was under
stood intended to form a cor
poration and who would then
either have said described pro-
perty conveyed directly by the
plaintiffs to the corporation or
from the plaintiffs to himself
and then he in turn would con-
vey to the corporation; that said
contract and amendments called
that settlement would take place
within 60 days of January 10,
1868; that the said contract
along with its amendments re.
cited among other things that in
the event that settlement did
not take place as result of a
fault of the purchaser, he would
be considered a tenant and
would be required to pay rent
for the period in which he &C.
cupied said premises; pursuant
to said agreement the plaintiff,
Carl G. Lauterbach, presented
himself on March IA, 1863 at the
offices of the Realty Title Insur-
ance Company, 1924 K. Street,
NV, Washington, D. c. and
did all that was required of him
as the seller in the settlement
of the proposed sale; that to
complete that act which was
necessary of the plaintiffs as
sellers, the plaintiffs executed a
Deed whereby they conveyed
said premises to the defendant,
National Research Institute and
United Technical Services, a Dis
trict of Columbia corporation,
acknowledging their execution
of said Deed before a notary
public of the State of New
York, County of Orange, on the
18th day of March, 1868; that
they then delivered said eXecu-
ted Deed to the Realty Title
Insurance Company, Inc, 1924
K Street, NV, Washington,
D. c., with the understanding
that upon the purchasers per-
forming those acts which were
necessary to complete the trans
action and only then would said
Deed be delivered to the defen-
dant; that the defendant itself
or through its duly authorized
agents has failed to settle on
said contract and it became
necessary for the plaintiffs to
evict one Uric Funaroff, one of
the incorporators of the defen-
dant corporation, by virtue of a
landlord and tenant suit in the
Peoples Court for Montgomery
County, Maryland; that the
plaintiffs have been informed by
the duly authorized agents of
the Realty Title Insurance Com.
pany, Inc, that Uric Funaroff
went t. their offices and with.
out their authority and against
their consent and took the Deed
executed by the plaintiffs from
their premises; that said Deed
was recorded at 9:37 AM. on
July 10, 1868 at Liber 3109 Folio
208 among the land records of
Montgomery County, Maryland;
that the defendant or anyone
acting as its agent nor Uric
Funaroff have ever performed
or done those things necessary
for performance of the contract
dated January 8, and as
amended January 10, 1868, nor
have there been a settlement
nor have the plaintiffs received
any consideration for said Deed;