Legal Opinion

Mundorff v. Kilbourn

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 40 opinions

Áppjeal from the Equity Side of Baltimore county court. This appeal was taken from a decree of the court below dismissing the bill of the appellants, which sought to enforce the specific performance of an alleged parol contract therein stated in reference to the devise of a tract of land. This contract is alleged to have been made between Mundorff and one Caleb Stansbury, the grandfather of the former’s wife, and is stated' in the opinion of this court.

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Áppjeal from the Equity Side of Baltimore county court. This appeal was taken from a decree of the court below dismissing the bill of the appellants, which sought to enforce the specific performance of an alleged parol contract therein stated in reference to the devise of a tract of land. This contract is alleged to have been made between Mundorff and one Caleb Stansbury, the grandfather of the former’s wife, and is stated' in the opinion of this court. Stansbury devised only a life estate in the land to complainant’s wife, with remainder in fee to his son, Josiah Stansbury, who conveyed to…

1Opinion of the CourtTuck, J.

This is a bill in equity filed by the appellants, seeking the specific performance of a parol agreement relating to land, on the ground of performance by the complainants of their part of the alleged contract. If there were no other objections to the relief sought, we are not satisfied that the evidence in the cause supports the allegations of the bill, and that for this *462reason the decree should be affirmed. We need not multiply authorities to show that, in cases for specific performance, the complainant must establish the very contract set up in the bill; and that all acts of…

2Cases cited2 opinions

  1. Shepherd v. BevinCourt of Appeals of Maryland · 1850
  2. Owings v. BaldwinCourt of Appeals of Maryland · 1849

3Cited by40 opinions

  1. Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
  2. Hale v. HaleSupreme Court of Virginia · 1894
  3. Gelston v. SigmundCourt of Appeals of Maryland · 1867
  4. Wallace v. RappleyeIllinois Supreme Court · 1882
  5. In re Williams' EstateMichigan Supreme Court · 1895

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