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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 226   View pdf image (33K)
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226 HIGH COURT OF CHANCERY.
But I am of opinion that the complainant's exception to the
accounts A and B, because of the credit given to the first pur-
chaser for $161 25 cash paid by him for ground-rent and in-
terest thereon, must be sustained.
Without intending to express an opinion upon the general
question of the obligation of a purchaser at a chancery sale to
look to the title, and to the incumbrances upon it, I am alto-
gether satisfied that the agent of the purchaser in this case
knew of this incumbrance, and that the property was sold
subject to it. This clearly appears by the depositions of the
agent, and the trustee. These depositions are admitted in
evidence as if duly taken and regularly introduced into the
cause, but they are excepted to, as inadmissible and incompe-
tent for the purpose for which they are introduced, that is, for
the purpose of showing that the property was sold subject to
the ground-rent in arrear. The advertisement, though it
speaks of the ground-rent to which the property was subject,
does not say anything of rent in arrear, and the exception, it
is presumed, rests upon the idea that it is not competent by
parol to show any other incumbrance than that spoken -of in
the advertisement. The advertisement, however, is not thel
contract of the parties; and it has been the constant practice
of trustees to introduce other terms of sale, and to make
known to bidders at the time of the sale facts and circum-
stances affecting the title to, or value of the property, not
mentioned in the advertisement, and parol proof of such facts
and circumstances has always been admitted, when it became
necessary to resort to it to vacate or uphold the sale. It
moreover appears in this case, by the statement of the agent
of the purchaser, that a paper annexed to his deposition and
returned with it was shown to him by the trustee at the time
of the sale, and before the bidding commenced, by which it
appeared that the ground-rent in question was then due and
in arrear; the trustee stating that he knew of no other claims
against the property than that paper showed—there being
upon it, besides the rent in arrear, a statement of the amount
due upon the complainant's mortgage.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 226   View pdf image (33K)
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