Smoot v. Rea
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester county. The bill in this case was filed on the 19th of October 1852, by the appellant against the appellees, for the purpose of obtaining an injunction to stay the prosecution of an action of ejectment, instituted by the appellee, Andrews, against the appellant, and also for the specific performance of a contract for the sale of real estate by the' ajDpellee, Rea, to the appellant, and to obtain a conveyance of the lands…
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Appeal from the Circuit Court for Dorchester county. The bill in this case was filed on the 19th of October 1852, by the appellant against the appellees, for the purpose of obtaining an injunction to stay the prosecution of an action of ejectment, instituted by the appellee, Andrews, against the appellant, and also for the specific performance of a contract for the sale of real estate by the' ajDpellee, Rea, to the appellant, and to obtain a conveyance of the lands purchased. The material allegations of the bill and answers, and the testimony in the case, are stated in the opinion óf this…
1Opinion of the CourtBartou, J.
The proceedings in this ease show that in the year 1843, William Rea purchased at sheriff’s sale the lands of Thomas Smoot, and on the 1st day of January 1844, contracted to sell the same lands to his son, Thomas Id. Smoot, one of the complainants, for the sum of $121.15. This contract was in writing, endorsed on the sheriff’s deed, and signed by Eea, who therein acknowledged the payment by Thomas H. Smoot of “8313.01 in paper, $58.14 in cash, and Thomas H. Smoot’s note for $350, which when paid will he in full.” The deed was to he given when demanded, or so soon as the District Court should…
2Cases cited2 opinions
- Magruder v. PeterCourt of Appeals of Maryland · 1840
- Smith's Lessee v. SteeleCourt of Appeals of Maryland · 1771
3Cited by35 opinions
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Blondell v. TuroverCourt of Appeals of Maryland · 1950
- The Glendale Corp. v. CrawfordCourt of Appeals of Maryland · 1983
- Engler v. GarrettCourt of Appeals of Maryland · 1905
- Fertitta v. Bay Shore Development Corp.Court of Appeals of Maryland · 1969
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