|
COLEGATE D. OWINGS' CASE.—1 BLAND. 381
eery shall direct; 1773, ch. 7, s. 1; 4 Geo. 2, c. 10; Kill. Rep. 249;
Bullock v. Bullock, 1 Jac. & Wal. 583; and that in all cases where
a decree shall be made for a conveyance, and the party shall ne-
glect to comply therewith, such decree shall be considered to have
the same operation as if the conveyance had been executed con-
formably to such decree. 1785, ch. 72, s. 13; 1826, ch. 159.
Upon the whole, I am, therefore, of opinion, that there is now
no other course left but to appoint a guardian for the plaintiff, who
shall be directed to execute, in her name, to the defendant such a
deed as shall be deemed a sufficient specific performance of her
promise, to take effect after her death.
Whereupon it is decreed, that the said defendant. Charlotte C.
D. Owings, be and she is hereby directed and required forthwith
to bring into this Court the original instrument of writing in the
proceedings mentioned, purporting to be a deed made by the said
plaintiff, Colegate D. Owings, unto the .said defendant. Charlotte
C. D. Owings, on the 15th day of June, 1824, to be cancelled and
annulled; and the same is hereby declared to be null and void;
and the record which hath been made of the said instrument of
writing among the land records of Baltimore County Court shall
be and the same is hereby declared to be utterly void and ol no
effect whatever, because of the said instrument of writing having
been obtained from the said plaintiff Colegate D. Owings by fraud
and at a time when she was non compos mentis.
And it is further decreed, that William Gwynn of the City of
Baltimore, be and he is hereby appointed guardian of the said
plaintiff Colegate D. Owings, for the purpose, and with full power
* and authority to make, execute, acknowledge, and deliver
according to law a deed of conveyance as hereinafter de- 408
scribed, in the name and behalf of the said plaintiff Colegate I).
Owings, unto the said Charlotte C. D. Owings.
And it is further decreed, that the said plaintiff Colegate D.
Owings forthwith execute, acknowledge and deliver, according to
law, by her said guardian William Gwynn, unto the said defendant
Charlotte C. D. Owings, a good and sufficient deed, thereby con-
veying all the real estate of the said plaintiff Colegate D. Owings
in the proceedings mentioned, called ''John and Thomas' Forest,"
unto the said defendant Charlotte C. D. Owings, her heirs and
assigns for ever; and also by the same deed conveying, transferring
and making over unto the said defendant Charlotte C. D. Owings,
her executors, administrators and assigns, all the personal property
of the said plaintiff Colegate D. Owings, which shall be and re-
main at the time of her death. And in the said deed of convey-
ance it shall be expressly stipulated and declared, that the same
shall in no respect take effect or have any force or operation what-
ever during the life-time of the said plaintiff Colegate D. Owings;
but the same shall take effect and be in full force and operation
|
 |