Cole's Lessee v. Pennington
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action of ejectment instituted by the appellant, to recover from the appellee, tenant in possession, certain premises, situate on Exeter street, in the city of Baltimore.
Read the full summary
Appeal from the Superior Court of Baltimore City. This was an action of ejectment instituted by the appellant, to recover from the appellee, tenant in possession, certain premises, situate on Exeter street, in the city of Baltimore. First Exception: The plaintiff’s lessor proved that Har-“ riet P. Knighton, (formerly Pennington,) a former owner of the property, had conveyed the same to Martha R. Yeates, a married woman, to hold at if she were a féme sole, and on the 19th of March, 1864, by deed duly executed, acknowledged and recorded, and that Martha R. Yeates, with her husband, .Dr. Henry…
1Opinion of the CourtAlvey, J.
Two bills of exception were taken in this case ,• but there is, in truth, but one question involved, and that is, whether the indorsement upon the deed from Harriet P. Knighton to Martha R. Yeates, under which the plaintiff claims title, has any such legal effect as will defeat the plaintiff’s right to recover in this action.
The deed of assignment in question was absolute and unconditional on its face, and in that form was executed and acknowledged; but after the acknowledgment, and before the deed was filed for record, the husband of the assignee, the latter being a féme covert at the time,…
2Cases cited1 opinion
- Coale v. HarringtonCourt of Appeals of Maryland · 1826
3Cited by1 opinion
- Clark v. CreswellCourt of Appeals of Maryland · 1910