Hampson v. Edelen
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill of the complainant, (the now appellee,) stated, that in September 1797, he purchased a part of a tract of land, lying in Prince George’s county, called Sloney Harbour, containing 163 acres, from a certain Benonill. Wade, at the price of £5 per acre; and on the 24th of December 1797, Wade gave him full and absolute possession thereof, and that he has ever since continued in possession.
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Appeal from the Court of Chancery. The bill of the complainant, (the now appellee,) stated, that in September 1797, he purchased a part of a tract of land, lying in Prince George’s county, called Sloney Harbour, containing 163 acres, from a certain Benonill. Wade, at the price of £5 per acre; and on the 24th of December 1797, Wade gave him full and absolute possession thereof, and that he has ever since continued in possession. That at the time of the purchase of the land, Wade was indebted to the complainant on bond, with Thomas Mundell his surety, in the quantity of 15,605lbs. of net…
1Opinion of the Court
Chase, Ch. J.
delivered the opinion of the court. In this case it appears that a considerable part of the purchase money was paid, and possession given of the land, prior to the obtention of the judgments by Hampson against Wade.
A contract for land, bona fide made for a valuable consideration, vests the equitable interest in the vendee from the time of the execution of the contract, although the money is not paid at that time. When the money is paid according to the terms of the contract, the vendee is entitled to a conveyance, and to a decree in chancery for a specific execution of the…
2Cited by22 opinions
- Dyson v. SimmonsCourt of Appeals of Maryland · 1878
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- Union Trust Co. v. BiggsCourt of Appeals of Maryland · 1927
- May v. EmersonOregon Supreme Court · 1908
- Caltrider v. CaplesCourt of Appeals of Maryland · 1931
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