Erdman v. Corse
Erdman v. Corse
Opinion of the Court
delivered the opinion of the Court.
The bill in this case is filed to enforce the specific performance of an agreement for the sale of certain real estate situate in Baltimore County. The land in question was sold by the executors of John Henry Keene, Sr., in pursuance of the power contained in his will, and the sale was reported to the Orphans’ Court of said county for ratification. The purchasers, who are the appellants here, have excepted to the ratification of said sale, and allege two grounds in support of their contention :
1. Because the title which the appellees are able to convey is not good and marketable.
2. Because there is no proof in the record that the appellees were or are ready to comply with the contract of sale of said property, which requires the appellees “to remove the present occupants of said farm at their own trouble and expense (if any), and deliver possession to the appellants within a reasonable time from the date of the contract.”
Without considering or passing upon said exceptions, the Orphans’ Court directed the proceedings in reference to the sale to be suspended in said Court, and authorized the executors to file their bill in the Circuit Court for the purpose of enforcing specific performance of said contract of sale, and' thereby dispose of the questions raised by the appellants as to the sufficiency of the title. The appellants having answered the bill, testimony has been taken in support of the respective contentions of the parties to this appeal, and the Court has decreed pro forma that the appellees are entitled to the relief prayed for, from which decree this appeal is taken. No question arises here as to the power of the executors to sell, nor is there any controversy over the
It is contended that the deed of Micajah Merryman and others to David Stuart, dated November, 1839, is defective because of the language contained in said deed, which immediately precedes the signatures of the grantors and reads as follows:
“ Memorandum: The title to the aforesaid tract of land became vested in Mary Merryman, now deceased, the late
The objection to the title of Hickman’s lot, containing three and a-half acres of land, is that “ it is not accurately joined to or connected with the remainder of the lands agreed to be sold.” There'is nothing in the record which clearly or satisfactorily establishes the accuracy of the statement contained in this objection. But even if it did, what we have said concerning the other objections applies with equal if not greater force to this lot. A possessory title of the character shown by this record is good, even though there were serious defects in the paper title. Lurman v. Hubner, 75 Md. 268; Rieman v. Wagner, 74 Md. 478; Hanson v. Johnson, 62 Md. 25. “ It has accordingly been held that a good title may be made, although the origin cannot be shown by any deed or will, by proof of such a
The appellants are in no position to justify them in their contention that there is no proof in the record that the appellees are not ready "to remove the present occupants of said farm and deliver possession thereof to said purchasers.” After having resorted to all means at their command by which delay has ensued in placing the purchasers in possession of said property, they will not now be permitted to urge in their own behalf the delay which they have brought about and for which the appellees are in no sense responsible. In conclusion, after careful examination and consideration of all the objections urged against the title to the land in question which we have considered necessary to examine in passing upon the merits of this controversy, we are clearly of opinion that the title objected to is a good and marketable title, and free from all reasonable doubt and such as the appellants are required to accept. Finding no error in the pro forma decree of the Court below, we affirm the same.
Decree affirmed with costs.
Reference
- Full Case Name
- JOHN G. ERDMAN v. GEORGE F. CORSE, Executors of JOHN H. KEENE
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Vendor and Purchaser-—Marketable Title—Possession Under Color of Title—:Specific Performance. A title to land based upon entry under color of title followed by long continued exclusive possession is good and marketable, although there may be serious defects in the paper title. Where A. enters into possession of land under a deed to him and holds exclusive and adverse possession for nearly fifty years, he has a good marketable title, such as a purchaser may be compelled to accept. No reasonable doubt is thrown upon such title by the fact that in a conveyance of the land to A.’s grantor it was stated to be made subject to the adverse claims by possession or otherwise of certain named parties, as to a small part, when there is no evidence that the portion of the land sold to A.’s purchaser was subject to such claims and there was no reference to such claims in the deed to A. When the contract for the sale of a farm provides that the vendor shall remove the occupants of the farm and deliver possession to the purchaser within a reasonable time, and the purchaser has refused to ' comply with the terms of sale, alleging a defect in the title, then in a bill for specific performance, where the vendor’s title is shown to be good, it cannot be set up as a defence, that there is no evidence in the case that the vendor is ready to remove the occupants of the farm.