Waters v. Howard
High Court of Chancery of Maryland
[This case originated in the equity side of Baltimore County-Court, and was thence transferred to this court. The bill was filed by Charles A. Waters and Ann Rebecca, his wife, (since deceased,) for the specific performance of a contract, entered into by the late Charles Waters, (grandfather of the said Charles A.) previous to, and in consideration of the intermarriage of the latter with the said Ann Rebecca, to purchase for the complainants, on the consummation of the…
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[This case originated in the equity side of Baltimore County-Court, and was thence transferred to this court. The bill was filed by Charles A. Waters and Ann Rebecca, his wife, (since deceased,) for the specific performance of a contract, entered into by the late Charles Waters, (grandfather of the said Charles A.) previous to, and in consideration of the intermarriage of the latter with the said Ann Rebecca, to purchase for the complainants, on the consummation of the intended marriage, a farm, to be fully stocked ; to pay all the debts of the said Charles A., existing at the time of the…
1Opinion of the Court
The Chancellor :
This question can of course only 'be determined by a careful examination of the evidence, and after having read it with much attention, I find it, to say the least, very questionable, whether the elder Mr. Waters did mean to pass to the complainants, or to the surviving complainant, in any event, such a title to the property in controversy as is sought to be enforced by this bill.
Looking to the whole evidence, written and oral, I am strongly inclined to the opinion, that the ground taken by the defence is the true one, and that the purchase of this farm, and the placing the…
2Cases cited3 opinions
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Beall v. SchleyCourt of Appeals of Maryland · 1844
- Stoughton v. LynchNew York Court of Chancery · 1816
3Cited by6 opinions
- Jones v. ByrneU.S. Circuit Court for the District of Western Arkansas · 1906
- Rickard v. NeffCourt of Appeals of Maryland · 1917
- Sharp v. WestDistrict Court, W.D. Arkansas · 1907
- Lacey v. BennettSupreme Court of Arkansas · 1946
- City of Tiffin v. ShawhanOhio Supreme Court · 1885
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