Gwynn v. Thomas
Gwynn v. Thomas
Opinion of the Court
delivered the opinion of the Court.
The complainant in this case, alleges a contract with William Gwynn, the appellant, for the purchase of an undi
The premises conveyed by that deed, are described to be “ all that one equal undivided half part, or moiety of a tract or parcel of land, lying in Anne Arundel county aforesaid, called “ The Valley of Owen,” which was sold by the said William, Gwynn, to the said Allen Thomas, on the twelfth day of February, in the year 1822, (and which at his instance to secure the payment of the purchase money to the Mechanics’ Bank of Baltimore, the said William Gwynn conveyed by the name of “ Glen Owen,” to the President and Directors of the Mechanics’ Bank of Baltimore, and the said purchase money being fully paid to the said Bank, the said President and Directors, by deed of the same date, have conveyed to the said Allen Thomas,) together with all and singular, the buildings and improvements, ways, water courses, rights, privileges, advantages, and appurtenances thereto belonging, or in any wise appertaining; and all the estate, right, title, interest, trust, property, claim and demand, whatsoever, at law, and in equity of the said William Gwynn, of, in, and to the same.” There is in the deed a special warranty with a covenant for such further and other deed, conveyance and assurance, as may reasonably be required, “for the better and more fully conveying and assuring to the complainant, his heirs and assigns, “ all the right, title, estate and interest, at law and in equity, which the said William Gwynn can lawfully claim, in and to the said premises, with the appurtenances.”
Several commissions were issued, and evidence taken in the cause, and on final hearing the Chancellor decreed that the appellant should forthwith convey to the complainant by a good and valid deed, all his right, title and interest, of, in, and to one undivided moiety of the tract of land called The Valley of Owen” and that he should pay all the costs. From which decree, the case is brought by appeal to this Court.
In the view in which this case presents itself to us, it does not seem to be necessary to enquire into the nature and extent of the original contract between the parties, or whether the complainant was, or was not entitled to a conveyance of one undivided moiety of the tract of land called The Valley of Owen,” under that contract, for admitting the contract to have been as alleged in the bill, and that he was entitled to a conveyance of an undivided moiety of ££ The Valley of Owen,” yet it does not appear to us, that he has any ground to stand upon in Chancery, or on which to erect a claim upon the appellant to do more than he has already done.
He admits that he has received from the appellant, a deed which he brings inter'Court, but demands of him to execute another, and calls bn the Chancellor to enforce that demand. We have examined the copy of that deed exhibited with the bill, and are unable to discover in what it either is, or can be supposed to be, defective, either in form or substance, or as respects the name, or description of the land, but think it a good and valid deed to pass to the complainant in fee simple, all the right, title and interest of the appellant, in, and to one undivided moiety of the tract of land called ££The Valley of Owen”
There should be some end to litigation, and Chancery should not be resorted to, for the purpose of unnecessarily harassing and subjecting a party to costs and charges, who has done all that he can properly be called on to do. The probability is, that the attention of the Chancellor was not called to the deed which had been given, but that he was left to suppose it was defective, and that another was necessary to the fulfilment of the contract, or looking to that deed, and seeing that it was not defective, but a good and sufficient conveyance in fee, to the complainant, of all the right and title of the appellant, to one undivided moiety of “ The Valley of Owen,” he would not, we presume, have entertained the bill. Bill dismissed with costs.
DECREE REVERSED.
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