Small v. Owings
High Court of Chancery of Maryland
[The object of this bill was to obtain a decree against the . defendant, Charlotte C. D. Owings for the specific performance of an alleged contract to sell certain land; and an injunction against the other defendant, Green, to restrain him from interfering with the complainants in their occupancy and enjoyment thereof.
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[The object of this bill was to obtain a decree against the . defendant, Charlotte C. D. Owings for the specific performance of an alleged contract to sell certain land; and an injunction against the other defendant, Green, to restrain him from interfering with the complainants in their occupancy and enjoyment thereof. The bill alleged, that a contract was made between the parties on the 8th of July, 1844, to sell a portion of the land, and, * that by a subsequent arrangement, the complainants purchased of the defendant, Owings, through her agent Turnbull, six acres of land, including that…
1Opinion of the Court
The Chancellor :
With regard to the contract of the 8th of July, 1844, as set out in the receipt of that date, I do not deem it necessary to express any opinion, as it is manifest, that that contract, whatever its character may have been — whether obtained by false and fraudulent representations or not — has been merged in the subsequent agreement of July, 1845 ; which subsequent agreement alone, this bill seeks to enforce. And the question, therefore, is, whether the complainants háve made out a case which entitles them to the aid of this court in compelling the specific performance, by the…
2Cases cited9 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Moale v. BuchananCourt of Appeals of Maryland · 1840
- Jones v. SlubeyCourt of Appeals of Maryland · 1822
- Birely's Exr's v. StaleyCourt of Appeals of Maryland · 1833
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. ShiebeckCourt of Appeals of Maryland · 1942
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Brown v. HoganCourt of Appeals of Maryland · 1921