Kingsley v. Makay

The alienability of an equitable interest in realty is the topic of this causerie. Appellants argue that if an equitable interest is created by a recorded instrument, even though recording is not required, it can be transferred only by another recorded instrument. The trial judge (Shook, J.), with whom we agree, held to the contrary. There seems to be no significant controversy about the facts.

In March 1963, Margaret Dorsey agreed, in writing, to sell to Joe Bolt, Jr. (Bolt) and the appellees, 1 her 107 acre farm, near Old Germantown, in Montgomery County. A down payment of $5,000 on account…