Middlekauff v. Barrick
Court of Appeals of Maryland
Appeal from the Equity side of Washington county court. On the 18th July 1843, the appellant filed his bill praying subpoena, against Elizabeth Lawrence, Alexander Neill and Andrew Kershner, and order of publication against Jacob Bar-rick and George W. Himes, which was duly published.
Read the full summary
Appeal from the Equity side of Washington county court. On the 18th July 1843, the appellant filed his bill praying subpoena, against Elizabeth Lawrence, Alexander Neill and Andrew Kershner, and order of publication against Jacob Bar-rick and George W. Himes, which was duly published. The bill was founded upon the following contracts : — • “In consideration of the matters hereinafter mentioned, Elizabeth Lawrence agrees, upon the full payment, of the whole purchase money, as presently herein directed, to convey by a good deed to Daniel S. Middlekauff, his heirs or assigns, a parcel of…
1Opinion of the CourtMagruder, J.
For mistake or misrepresentation of matters of fact, contracts and conveyances may sometimes be set aside by courts of equity. Every mistake of facts, however, will not give the purchaser a right to ask, that his contract be annulled. See 1st Story’s Reports, 172. 1st Story’s Equity Jurisprudence, sections 150, 151.
The cases cited by the court below, clearly establish, that if the purchaser has taken a conveyance, and there be no fraud, he has no remedy, although he be evicted for want of title: except upon the covenants in his deed. See, also, 5 Johns. Chan. Reps., 79. 2 J. C. R., 519.
In…
2Cited by2 opinions
- Timms v. Shannon ex rel. ShannonCourt of Appeals of Maryland · 1862
- McDonough & Co. v. MartinSupreme Court of Georgia · 1892