40 Md. 240 | Md. | 1874
delivered the opinion of the Court.
The appellant became purchaser of certain leasehold property belonging to the estate of the appellees’ intestate, sold under an order of the Orphans’ Court. The sale was duly'reported and ratified, but the purchaser subsequently filed a petition praying the Court to rescind the sale upon the grounds,
1st. That there is a material variance as to size and ■character, between the lot as represented and as existing, by actual measurement, and that he would not have made the purchase if he had known at the time of this deficiency.
2nd. That there is a fatal defect in the title as the deeds under which the vendors claimed the property cannot be located.
1st. As respects the first objection, it appears the advertisement by which the sale was made, described the property thus: “ A lot of ground fronting on Addison street 50 feet, with an even depth of 123 feet, improved by three two story brick houses, each with a front of 12^ feet,-also a • two story brick stable 25 by 50 feet, together with three frame stables.” The proof shows the lot had a front of 50 feet on Addison street, and was 123 feet deep, but in the rear was 44 instead of 50 feet in width, thus leaving on one side of it a small wedge-shaped deficiency. None of the described buildings nor any part of them were on this deficiency, and it is shown the appellant was on the premises and examined or had an opportunity of examining them before he purchased. The equitable rule on this subject is very clearly stated in Foley vs. Crow, 37 Md., 60; and we are of opinion the Orphans’ Court correctly applied it to the facts of this case by allowing a propor
2nd. As to the second (ground of objection, it appears the intestate derived his title to the lot under two deeds. The first dated the 23rd of August, 1841, is from Edward JDeLoughery, of the city and county of Baltimore, and Susanna, his wife, (lately Susanna Hickley, widow,) and administratrix de bonis 'non, with the will annexed of her former husband, William Hickley, and also administratrix de bonis non of Catharine Hickley, and the property thereby conveyed is thus described:
“ All that part of a lot or parcel of ground situate and lying in the City of Baltimore aforesaid, being part of the lot No. 22 in the first addition to Baltimore town, (now the .City of Baltimore aforesaid,) on the east side of Jones’ Falls, which is described as follows, that is to say: Beginning for the same on the northwest side of Addison street, at the southwest corner of lot No. 14 and running thence northerly bounding on the last mentioned lot 123 feet to lot No. 21, then westward]' bounding on lot No. 21-feet to lot No. 12, then southwardly bounding on lot No. 12, 123 feet to Addison street, and then eastwardly bounding on Addison street 25 feet to the place of beginning, which part of a lot, piece or parcel of ground above described, is distinguished on a plat recorded by Eleanor Addison Smith by the number 13, and is the same that by indenture bearing date on or about the 17th day of October, 1796, and recorded among the Land Records of Baltimore County aforesaid, in liber W. G., No. Z. Z., folio 13, &c., was conveyed and assigned by Joseph Moshow to Sebastian Hickley, now deceased, the father of the above named William Hickley, and liusbajid of the said Catharine Hickley, the title to which said parcel of ground in connection with divers other estates, and property, the said William Hickley acquired as one of the residuary devisees named in the last will and testament of the said Sebastian
The other deed is from David Williams, bearing date the 9th of November, 1847, and in it is this description of the property conveyed, viz:
“All that part of lot No. 22, in the first addition to Baltimore town on the east side of Jones’ Falls, which said part is contained within the following metes and bounds, to wit: Beginning on the north side of Addison street and at the southeast corner of lot No. 15, and running thence northerly, parallel with High street, 123 feet to lot No. 21, then westerly binding on lot No. 21, 22 feet to lot No. 13, then running southwardly binding on lot No. 13, 123 feet to Addison street, then running eastwardly binding on Addison street 25 feet to the place of beginning, which said part of a lot is distinguished on a plat filed in Baltimore County Court by a certain Eleanor Addison, by the Number 14, it being the same piece or parcel of ground that was assigned to the said David Williams by John Powell, by indenture bearing date the 6th day of August, 1829, and recorded among the Land Records of Baltimore County, in Liber W. Gr., No 200, folio 234, &c.”
It is objected that these deeds are not susceptible of location. There is no doubt of the rule that every conveyance must either on its face or by words of reference give to the subject intended to be conveyed, such a description as to identify it, and if it he land, it must be such as to afford the means of locating it. But what is the difficulty here? None certainly upon the face of the deeds themselves. The descriptions on their face or by reference to other title papers is abundantly sufficient. But it is said diligent
No other objection to the order appealed from, requiring the notice of this Court has been made. We shall therefore affirm that order, and remand the cause for further proceedings.
Order affirmed, and cause remanded.