Kent v. Carcaud
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Anne Arundel county. < It- appears, from the record in this case, that Dorsey and Pratt, trustees appointed for the sale of the real estate of James Kent, deceased, upon a bill filed by the appellants, advertised the same for sale, and among other parcels of land described in this advertisement, was “the farm known as 'Over the Creek,’ adjoining Lower Marlborough, supposed to contain about five hundred acres.”
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Appeal from the Equity Side of the Circuit Court for Anne Arundel county. < It- appears, from the record in this case, that Dorsey and Pratt, trustees appointed for the sale of the real estate of James Kent, deceased, upon a bill filed by the appellants, advertised the same for sale, and among other parcels of land described in this advertisement, was “the farm known as 'Over the Creek,’ adjoining Lower Marlborough, supposed to contain about five hundred acres.” In their report of sale, filed on the 11th of August 1S55, the trustees state that they had sold all the interest of said James Kent…
1Opinion of the CourtTuck, J.
The principles governing cases of this kind are well settled, though the courts many times find difficulty in applying them.
Here there is no pretence of fraud, concealment or wilful misrepresentation; it is a case of mutual mistake on the part of the trustees and purchasers, all the parties to the sale believing that the land contained much more than was after-wards found to be correct. The question for decision is, what, if any, abatement the court, as vendor, ought to make;, from the sum agreed to be paid by the appellees?
If we look to the written agreement alone, there is clearly" no…
2Cases cited8 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Worthington v. BullittCourt of Appeals of Maryland · 1854
- Marbury v. StonestreetCourt of Appeals of Maryland · 1851
- Glenn v. GroverCourt of Appeals of Maryland · 1852
- Harwood v. JonesCourt of Appeals of Maryland · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Tolchester Beach Improvement Co. v. BoydCourt of Appeals of Maryland · 1931
- Kriel v. CullisonCourt of Appeals of Maryland · 1933
- Reigart v. FisherCourt of Appeals of Maryland · 1925
- Wagner v. BingCourt of Appeals of Maryland · 1932
2 more not listed; retrieve them via the Exa API.