Zittle v. Weller
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County, in Equity. The case is stated in the opinion of the Court. In the construction of this deed the old rule, that “the words of an instrument should be taken most strongly against the one using them,” cannot have much weight; the rule is harsh and arbitrary, and is resorted to only in ■extreme cases, that is, when all other means have failed.
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Appeal from the Circuit Court for Washington County, in Equity. The case is stated in the opinion of the Court. In the construction of this deed the old rule, that “the words of an instrument should be taken most strongly against the one using them,” cannot have much weight; the rule is harsh and arbitrary, and is resorted to only in ■extreme cases, that is, when all other means have failed. Varnum and Aspinwall vs. Thruston, 17 Md., 496. The modern practice is to give every word a meaning, and to ascertain, from the whole instrument, the true intent and meaning of the 'parties. “ The…
1Opinion of the CourtIrving, J.
A hill was filed hy the appellants, against the appellees, for the sale of certain real estate for the purpose of partition. The bill was dismissed upon the ground, that the complainants had no interest in the property, because it was held, that Samuel A. Bachtel, the father of the complainant Josephine Zittle, had, in his life-time, conveyed all his interest in the real estate to the ancestor of the defendants, Jacob Weller. The sole question, presented by this appeal, is the construction of the deed from Samuel A. Bachtel to Jacob Weller.
Being entitled to the estate in fee, on the 28th of…
2Cases cited2 opinions
- Mims v. ArmstrongCourt of Appeals of Maryland · 1869
- Stockett v. GoodmanCourt of Appeals of Maryland · 1877
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- Hodges v. OwingsCourt of Appeals of Maryland · 1940
- Marden v. LeimbachCourt of Appeals of Maryland · 1911
- Second Universalist Society v. DuganCourt of Appeals of Maryland · 1886
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