Legal Opinion

Janoske v. Friend

Court of Appeals of Maryland

Decided April 6, 1971No. [No. 362, September Term, 1970.]PublishedCited by 6 opinions

1Opinion of the CourtSmith, J.

We are here presented with the question of whether a recorded contract of sale may be availed of by a defendant in an ejectment action under a not guilty plea, no plea on equitable grounds having been filed.

Appellants Howard W. Janoske (Janoske) and Barbara W. Janoske, his wife, (the Janoskes) bought a tract of land in Garrett County. The metes and bounds description called for 88 acres, with no exceptions for out-conveyances, but Janoske testified that what he bought was 88.6 acres. Appellees, Melvin Friend (Friend) and Joyce Friend, his wife, (the Friends) were in possession of a corner of…

2Cases cited12 opinions

  1. Blondell v. TuroverCourt of Appeals of Maryland · 1950
  2. Fertitta v. Bay Shore Development Corp.Court of Appeals of Maryland · 1969
  3. Smoot v. ReaCourt of Appeals of Maryland · 1863
  4. Lannay v. WilsonCourt of Appeals of Maryland · 1869
  5. Hall v. GittingsCourt of Appeals of Maryland · 1806

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3Cited by6 opinions

  1. Horning v. HardyCourt of Special Appeals of Maryland · 1977
  2. Velicky v. The CopyCat Building LLCCourt of Appeals of Maryland · 2021
  3. G.E. Capital Mortgage Services, Inc. v. EdwardsCourt of Special Appeals of Maryland · 2002
  4. Baltimore County v. AT & T CORP.District Court, S.D. Indiana · 2010
  5. Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976

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