Small v. Marburg
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Mrs. Mary G-. Small filed a bill in equity against Theodore Marburg for the specific performance of a contract of purchase of certain real estate in the City of Baltimore. The defendant resisted her hill on the ground that she was not able to convey a clear, good, marketable title to the property.
Read the full summary
Appeal from the Circuit Court of Baltimore City. Mrs. Mary G-. Small filed a bill in equity against Theodore Marburg for the specific performance of a contract of purchase of certain real estate in the City of Baltimore. The defendant resisted her hill on the ground that she was not able to convey a clear, good, marketable title to the property. And the validity of the defence depended on the will of the complainant’s deceased husband, and certain proceedings consequent upon her renunciation of the devises and bequests made therein in her favor, and her election to take her dower, or legal…
1Opinion of the CourtBryan, J.
When Mrs. Small elected to claim her legal rights in her husband's estate, they were to be alloted to her in the same manner, and to the same extent as if the will had never been made. The title was in no way affected or impaired by any rights which could be derived from the will of the testator. As she was in all respects sui juris it was perfectly competent for her to make a valid adjustment and settlement of her claims, provided she dealt with parties who had title to the property about which they mutually contracted. It becomes necessary then, to inquire whether the property, which she…
2Cases cited2 opinions
- Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870
- Reiff v. StriteCourt of Appeals of Maryland · 1880
3Cited by17 opinions
- Innes v. PotterSupreme Court of Minnesota · 1915
- Compton v. Rixey's ExecutorsSupreme Court of Virginia · 1919
- Randall v. RandallCourt of Appeals of Maryland · 1897
- Dean v. MumfordMichigan Supreme Court · 1894
- Booth v. EberlyCourt of Appeals of Maryland · 1914
12 more not listed; retrieve them via the Exa API.