Higdon v. Thomas
Court of Appeals of Maryland
Appeal from Frederick County Court. This was an action ®f assumpsit brought in the names of oe tppellants, (tho ji’niniiffs in the court below)) against the appellee., (the defendant in that court.)' The declaration counted upon the contract recited in the bond, a copy of which will be found in the bill of exceptions; and also averred that the defendant was put into the possession of the land sold to him on the day of making such contract, and afterwards accepted from the…
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Appeal from Frederick County Court. This was an action ®f assumpsit brought in the names of oe tppellants, (tho ji’niniiffs in the court below)) against the appellee., (the defendant in that court.)' The declaration counted upon the contract recited in the bond, a copy of which will be found in the bill of exceptions; and also averred that the defendant was put into the possession of the land sold to him on the day of making such contract, and afterwards accepted from the plaintiffs a sufficient deed conveying the fee simple of the said land to him. It then assigned as a breach, the…
1Opinion of the CourtDoksey, J.
at this term delivered the opinion of the Court, It being conceded in argument, (as is unquestionably settled by authority,) that the receipt in a deed, for the conveyance of land, is only prima facie, and not conclusive evidence of the payment of the purchase money; in determining this cause, two questions only are necessary to be considered; and these, it must be admitted; are neither free from difficulty nor doubt.
Has the defendant signed a note or memorandum in writing of the agreement, as required by the statute of 29 Car. II, ch. 3? is the question which first presents itself. The…
2Cited by13 opinions
- Sterling v. TaylorCalifornia Supreme Court · 2007
- Koogle v. ClineCourt of Appeals of Maryland · 1909
- Anderson v. StewartCourt of Appeals of Maryland · 1908
- Ridgeley v. CrandallCourt of Appeals of Maryland · 1853
- Smith v. GoldsboroughCourt of Appeals of Maryland · 1894
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