Merritt v. Disney
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The hill in this case was filed by the appellee for the specific performance of an agreement in writing for the conveyance to him, by the appellant, of a leasehold estate in Baltimore County, in consideration of the conveyance by the appellee to the appellant of certain other land in said county in fee simple.
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Appeal from the Circuit Court of Baltimore City. The hill in this case was filed by the appellee for the specific performance of an agreement in writing for the conveyance to him, by the appellant, of a leasehold estate in Baltimore County, in consideration of the conveyance by the appellee to the appellant of certain other land in said county in fee simple. The appellant answered the hill admitting the agreement for the exchange of the property, hut charged that the appellee had not the power or ability to convey said land in fee simple, and therefore claimed that he, the respondent, could…
1Opinion of the CourtMiller, J.
The only question in this case is whether the children of Mrs. Disney, took, after her death, a legal estate in fee in the land conveyed by the deed from Sidney Hall to Hanson P. Rutter, trustee, bearing date the 15th of December, 1852. This deed was executed prior to the Act of 1856, ch. 154, and prior to the adoption of the Code which (Art. 24, sec. 11,) provides that no words of inheritance shall be necessary in any conveyance of real estate to create an estate in fee simple, but every such conveyance shall be construed to pass a fee simple estate, unless a contrary intention shall appear…
2Cases cited2 opinions
- Spessard v. BohrerCourt of Appeals of Maryland · 1850
- Campbell v. MorrisGeneral Court of Virginia · 1797
3Cited by6 opinions
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Foos v. ScarfCourt of Appeals of Maryland · 1881
- Handy v. McKimCourt of Appeals of Maryland · 1886
- Williams v. J. C. Armiger & BrotherCourt of Appeals of Maryland · 1916
- Hofsass v. MannCourt of Appeals of Maryland · 1891
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