Fender v. Heirs at Law of Smashum

CURETON, J.:

Henrietta Jones, Sarah Shepard and Lucy Smith, as heirs of John Smashum, and Queen Smashum, as grantee of Adam Smashum, heir of John Smashum (collectively “Heirs”), appeal the circuit court’s grant of summary judgment to Sherwood N. Fender in this quiet title action. We reverse and remand.

FACTS

The parties each claim title to a parcel of unimproved land. Each can trace their titles through a series of intestate and deed conveyances to two “Head of Family Land Certificates” granted by the United States District Tax Commission to Roger Smashum around 1867. Roger Smashum’s interest…