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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 459   View pdf image (33K)
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SEWELL VS. BAXTER AND WIFE. 469
an indenture signed by them both, for ninety-nine years, at an
annual rent of fifty-three dollars, thereby, in the most formal
manner, acknowledging his title. Sewell, the lessor, died in
the year 1848, having, by his will, executed shortly before his
death, devised the property to the complainant in this case,
who, in the year "1849, filed the present bill, and the question
to be considered is, whether there has been such laches and
delay as will preclude his right to be relieved. Looking to the
admissions of the answer in reference to the occupation of the
property by Swan, the grantor, and to the evidence, indepen-
dent of the answer, I am not prepared to say that there has. The
devisor, under whom he claims, purchased the land, as the prop-
erty of Swan the father, and took from the sheriff a deed in
1831. Swan was then certainly in possession, and under such
circumstances, and exercising acts of ownership over it, which
might well induce Sewell to believe in the validity of his title.
In the year 1839, the lease was executed, being a clear recog-
nition by Swan of his lessor's title at that time, and the posses-
sion of Swan down to 1842, when he died, under the lease from
Sewell, cannot be used against him, because Swan then held,
as the tenant of Sewell. Upon the death of Swan in 1842, the
defendants, Baxter and wife, take possession and deny the title
of Sewell, but the period which intervened from that time to
1849, when the bill in this case was filed, is too brief to pre-
vent a successful assertion of complainant's title, if in other res-
pects it is free from objection.
I think it is, and will, therefore, sign a decree vacating the
deed of the 22d of October, 1819, so far as relates to the prop-
erty purchased by Charles S. Sewell from the sheriff, and which
was devised by the former to the complainant, and the deeds
of the same property from Baxter and wife to James Parlett
and others.
GEORGE H. BRICE and THOS. S. ALEXANDER for Com-
plainants.
COLEMAN YELLOTT for Defendants.
{An appeal was taken in this case, which is still depending.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 459   View pdf image (33K)
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