79 Md. 30 | Md. | 1894
delivered the opinion of the Court.
This case is before this Court for the second time. At the last April Term an appeal from a pro forma decree in favor of the present appellant was heard and decided
On April 1st, 1893, James H. Bay, attorney, and Virginia B. Hynson, filed a bill for specific performance against Posner, in which they set out a contract, allege their readiness, and offer to convey the property in conformity7 with its terms, and his refusal to comply with the obligation assumed by him under said contract, although often requested to do so.
On the same day Posner filed his answer admitting the contract, but claiming that the title of Virginia B. Hynson to the property was defective and unmarketable. The answer then sets out the particulars in which the title is alleged to be defective. Testimony was promptly taken, and a pro forma decree was passed overruling one -objection urged, and sustaining the others.
An appeal was entered by7 the plaintiffs the same day, and the record transmitted to this Court in time for the April Term.
As already stated, by our decision in the case of James S. Bay, and others vs. Samuel Posner, above referred to, all of the objections brought to our notice were held to be unwarranted, and the title to the property declared to be good. The vendee was therefore bound by the contract, and was under obligation to comply with its provisions. By its explicit terms the adjustment was
Objection is also made to the decree because the appellant is required to pay the purchase money, “less the-amount of debts and charges, including mortgages and other liens properly chargeable against said property, as of January 1st, 1893, with interest from the said first day of January, A. D., 1893.” The record does not disclose any mortgage or other lien against the property, excepting the annual rent of $240, to which the sale is made subject by the contract. Nor does the vendee object in the original case to the payment of the pur
“In the event of the parties being unable to agree upon the amount of debts and charges properly chargeable against said property as of January 1st, 1893,” the decree provides for their being ascertained, and reserves the right to the Court to dispose of the costs in thus ascertaining them. If such reference as is provided for in the decree becomes necessary, the Court below will doubtless make such order as to the costs as it deems equitable. There can be no valid objection to the decree, under the views expressed above, and it will be affirmed.
Decree affirmed, with costs.