Marburg v. Cole
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by Ann Rebecca Cole against the appellants for the specific performance of a contract for the sale of a lot of ground in the City of Baltimore. The complainant claimed to be the sole owner of the property, and contracted to sell the same to the appellants, “free of all incumbrances.”
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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by Ann Rebecca Cole against the appellants for the specific performance of a contract for the sale of a lot of ground in the City of Baltimore. The complainant claimed to be the sole owner of the property, and contracted to sell the same to the appellants, “free of all incumbrances.” The defendants objected to completing the purchase on the ground that the complainant was not the sole owner of the property, and that the property was not free from incumbrances. The proceedings show that the property was conveyed…
1Opinion of the CourtAlvey, J.
This is an application by the appellee to compel the appellants to specifically perform a contract of purchase of a house and lot of ground in the City of Baltimore. A pro forma decree was entered by consent against the appellants, from which they appeal.
The case is presented upon bill, answer, and exhibits alone ; and the first and principal question is, what is the nature and character of the estate that was conveyed by the deed of the 10th of July, 1812, from Dallam, Marine and Perkins, to Ann Bebecca Cole and Abraham Cole, her husband ? Both in the granting clause and the habendum of the…
2Cases cited5 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Brownson v. HullSupreme Court of Vermont · 1844
- Farmers & Mechanics' National Bank of Rochester v. GregoryNew York Supreme Court · 1867
- Craft v. WilcoxCourt of Appeals of Maryland · 1846
3Cited by61 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Phillips v. KrakowerCourt of Appeals for the Fourth Circuit · 1931
- Beall v. BeallCourt of Appeals of Maryland · 1981
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
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