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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 263   View pdf image (33K)
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HITCH VS. DAVIS. 263
of Baltimore, to his wife and Jacob G. Davis, in trust for the
separate use of his daughter, Sarah Hitch, during her natural
life, and after her death then for the separate use of his grand-
daughter, Augusta Hitch, daughter of the said Sarah, during
her natural life, and after her death for the use and behoof of
the lawful issue of the said Augusta, and for the heirs and
assigns of such issue for ever, if any child or descendant of
hers there be living at the time of her decease, and if none,
then to hold all said estate, property, and stock- in trust for
the separate use of his daughter, Mary Davis, during her
natural life, and after her death then in trust as to the afore-
said country-place for the use of his grandson Solomon Betts
Davis, his heirs, and assigns for ever. On the 4th of June,
1851, Augusta Hitch, during the life of her mother, Sarah
Hitch, filed her bill asking the Court to have this land demised,
as stated in the following opinion of the Chancellor, which
also contains a full statement of the defence relied on in the
answers of the defendants and of the proofs in the cause.]
THE CHANCELLOR :
This bill is founded upon the provisions of the Act of 1831,
ch. 811, and it is supposed, and I think correctly, that the 5th
section of the Act applies to the circumstances of the case,
and would authorize the Court in decreeing the relief prayed,
if by the pleadings and proofs it appeared that it would be for
the interest and advantage of the parties to do so.
I do not concur in the view taken by the counsel for Mrs.
Davis and Solomon B. Davis, that the party who applies to
the Court to order a demise under this section of the law, must -
be the tenant in possession. The language of this section is:
" That the Chancellor, or County Court aforesaid, shall have
the same authority to decree a demise, or demises, under the
rules and regulations as aforesaid, where the tenant of the par-
ticular estate for life, or for years, or for other estate, shall be
of full age, and shall pray for such decree." The effect of the
section is to authorize the tenant of any particular estate, of
full age, whether in possession or not, to apply to the Court,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 263   View pdf image (33K)
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