Legal Opinion

James v. Rowland

Court of Appeals of Maryland

Decided July 16, 1879PublishedCited by 6 opinions

Appeal from the Circuit Court for Washington County, in Equity. The hill in this case was filed by the appellant to compel the specific performance of a contract made between himself and the appellee for the sale to the latter of a farm which the complainant claimed to own in fee under a devise, the terms of which are set forth in the opinion of the Court. The property was devised to him after the death of his father, who is alleged in the bill to be dead.

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Appeal from the Circuit Court for Washington County, in Equity. The hill in this case was filed by the appellant to compel the specific performance of a contract made between himself and the appellee for the sale to the latter of a farm which the complainant claimed to own in fee under a devise, the terms of which are set forth in the opinion of the Court. The property was devised to him after the death of his father, who is alleged in the bill to be dead. The defendant, in his answer, admitted the contract and the death of the life tenant, but resisted a compliance with the contract, on the…

1Opinion of the CourtIrving, J.

The decision of this case, which comes up on appeal from a pro forma decree passed by consent, depends upon the proper construction to be given to the following clause of the will of Watkins James, dated the 29th day of April, 1848, and admitted to probate April 10th, 1849:

“ First, I give and bequeath to my son Bennett, the farm which I have lately purchased of George W. Dillahunt, containing one hundred and seventeen acres, more ' *466or less, to hold the same only during his natural life, and after his death to fall to his son, Watkins James, should he he living, to have the same, he and his…

2Cited by6 opinions

  1. McElroy v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1962
  2. Comegys v. JonesCourt of Appeals of Maryland · 1886
  3. Bowdle v. HanksCourt of Appeals of Maryland · 1962
  4. McElroy v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1962
  5. Mercantile-Safe Deposit & Trust Co. v. PurifoyCourt of Appeals of Maryland · 1977

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