72 Md. 584 | Md. | 1890
delivered the opinion of the Court.
This is an action of ejectment to recover possession of a house and lot. In addition to the general issue plea, the defendant filed five special pleas. The main question, however, arises upon the demurrer to the fifth plea, by way of equitable defence, which alleges, that Samuel Williams, the husband of the plaintiff, conveyed the property mentioned in the declaration to Lemuel Malone, and that Malone conveyed it to the plaintiff; that these conveyances were voluntary conveyances, made without consideration, and in fraud of one James Disharoon, under whom the' defendant claims.
Such a plea as this is a bad plea, even by way of equitable defence. It admits the leg'al title to be in the plaintiff, and then, by way of defence, alleges that said title was derived through a voluntary conveyance, which conveyance was in fraud of-James Disharoon, under whom the defendant claims.
Being a bad plea, it follows that the evidence offered under it, to prove that the conveyances under which the plaintiff claimed title were voluntary, and in fraud of the rights of Disharoon, a subsisting creditor of the grantor, ought to have been excluded, and the prayer granted by the Court, based upon such evidence, ought to have been refused.
The demurrer to the fourth plea'was properly overruled. If Williams, under whom the plaintiff claimed bought the house and lot in controversy, and before getting the legal title sold and conveyed it to Disharoon, and the legal title was afterwards conveyed to Williams hy the original vendor, such conveyance,
Judgment reversed, and neio trial awarded.