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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 113   View pdf image (33K)
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BETTS VS. WIRT. 113
upon to show that it is void under the insolvent system, as the
laws constituting that system have been construed by the
courts are, I think, too light and inconclusive in opposition to
the proof the other way. That deed therefore must be allowed
to stand.
S. T. WALLIS and R. JOHNSON, jr., for Complainants.
JOHN NELSON and JAMES M. BUCHANAN, for Defendants.
[Both parties appealed from the decree of the Chancellor
passed in accordance with the above opinion, which appeals
are still pending.]
FRANKLIN BETTS ET AL.
VS. [ SEPTEMBER TERM, 1851.
JOHN W. WIBT ET AL.
[CONVERSION OF REALTY INTO PERSONALTY—DOCTRINE OF RELATION.]
WHERE land is sold under the Act to direct descents, or by a trustee under
the Act of 1786, ch. 72, for the purposes of partition, or for the payment
of debts where the personal estate proves insufficient, the mutation from
realty to personalty is not effected until the sale has been finally ratified,
and the purchaser has complied with the terms of it.
The ratification of the sale, and compliance with the terms of it by the pur-
chaser, when done, do not relate back and work a conversion from the
day of sale.
The doctrine of relation does not apply to such a case; this doctrine is
founded upon a principle of equity, and is never admitted to prevail un-
less required to advance the purposes of equity.
Patents of lands relate back to the certificate go as to overreach prior
grants, only when the holder of the prior certificate has a superior equity.
As between the heirs at law, and the next of kin, the superior equity cannot
be with the latter; the policy of the law is to permit the estate to de-
scend in the line of the ancestor from whom it came, and the inclination
of the courts should be in favor of the heir.
[The facts of the case are fully stated in the opinion of the
Chancellor.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 113   View pdf image (33K)
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