74 Md. 289 | Md. | 1891
delivered the opinion of the Court.
By the will of Mrs. Elizabeth A. McCormick a tract of land containing twenty-four acres lying in Baltimore County was devised to F. W. Bruñe and Steuart Brown, in trust for certain purposes, with power to sell, and upon further trust, if unsold before Thomas P. McCormick, a grand nephew of the testatrix, attained the age of twenty-one years, to convey the same to him. In February, 1812, the trustees sold and conveyed to the appellee, Greenway, about four acres lying at the southeast corner of the whole - tract. The southern line of this four acre parcel bounded on a public road called “ Merry-man's Lane," and the western line ran northwardly a
In this lease, the eastern line, which is the same as Greenway’s western line, is spoken of as being in the centre of Elm street. In 1878, Col. McIntosh acquired the fee-simple title to the lot leased to him, and in November, 1883, conveyed that lpt to Greenway. In 1881, McCormick conveyed to Mrs. Eliza Lee all the balance of the twenty-four acres not then owned by Greenway and by Col. McIntosh. The appellant claims to hold under a conveyance from Mrs. Lee, though the evidence of her title is not given in the record. In November, 1883, Mrs. Lee owned all of the twenty-four acres lying north of the centre line of the proposed twenty-second street, and Greénway owned all south of that line, and consequently owned both of the lots that abutted upon the right of way described in the deed to him from Brown and Bruñe. The appellee erected a fence across this right of way, and the appellant filed the bill of complaint now before us, praying that Greenway might be required to open the right of way according to the terms and conditions of the deeds referred to. The single question in the case in this: Assuming the appellant is the owner of the land conveyed to Mrs. Lee, is she entitled to use the right of way reserved in the deed of 1872?
Now, the limits of that right of way are clearly defined, and the persons entitled to use it are clearly designated. By the express terms of the deed of 1872,
Decree affirmed, ivith costs.