Winter v. Gorsuch
Court of Appeals of Maryland
Appeal from tbe Circuit Court of Baltimore City. This was a proceeding in equity by the appellant, as guardian of the infant children of bimself and Emma R. Winter his wife, to obtain a decree for the sale of certain leasehold property, in which, it was claimed, the children had an estate in remainder after a life estate of the wife, by virtue of a deed from one Henry Newman to the said Emma (misnamed Amaryllis in the deed.) The terms of this deed are set forth in the…
Read the full summary
Appeal from tbe Circuit Court of Baltimore City. This was a proceeding in equity by the appellant, as guardian of the infant children of bimself and Emma R. Winter his wife, to obtain a decree for the sale of certain leasehold property, in which, it was claimed, the children had an estate in remainder after a life estate of the wife, by virtue of a deed from one Henry Newman to the said Emma (misnamed Amaryllis in the deed.) The terms of this deed are set forth in the opinion of the Court. In the bill of complaint the appellees were made defendants and were alleged to be the owners, by…
1Opinion of the CourtMiller, J.
In defining the office and effect of the habendum clause in a deed, Blackstone, in his Commentaries (Book 2, page 298,) after stating that it cannot totally contradict or be repugnant to the estate granted in the premises, puts an illustration of such repugnancy thus: “ If a grant be to one and his heirs in the premises, habendum to him for life, the habendum will be utterly void, for an estate of inheritance is vested in him before the habendum comes, and shall not afterwards be taken away by it,” and for this the authority of Lord Coke, found in the third resolution in Baldwin’s Case, 2…
2Cases cited3 opinions
- Mims v. ArmstrongCourt of Appeals of Maryland · 1869
- Farquharson v. EichelbergerCourt of Appeals of Maryland · 1860
- Burroughs v. ClarkeCourt of Appeals of Maryland · 1845
3Cited by16 opinions
- Lovell Land, Inc. v. State Highway AdministrationCourt of Appeals of Maryland · 2009
- Marshall v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1905
- Bean v. KenmuirSupreme Court of Missouri · 1885
- D. C. Transit Systems, Inc. v. State Roads CommissionCourt of Appeals of Maryland · 1970
- Marden v. LeimbachCourt of Appeals of Maryland · 1911
11 more not listed; retrieve them via the Exa API.