clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 250   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

250 HIGH COURT OF CHANCERY.
of as an argument against their existence, it seems to me that
the weapon may be used with more efficacy against the com-
plainants than in their favor.
The bill alleges that they bought this land in January, 1841,
and that the possession of the whole was delivered, except the
8 and 7/8 acres, of which, of course, according to the allegation
of the bill, possession never was delivered, and yet it is not
until December, 1845, that they exhibited their bill to be re-
lieved in respect of the alleged deficiency. Nor is this all.
The entire amount for which the first single bill was given was
paid, and payments made on account of the other of the ob-
ligations given for the purchase money of this land, the last
payment being as late as April, 1844, without, so far as this
record informs us, any intimation or complaint that the number
of acres was deficient. Now it seems to me the complainants,
without waiting for the judgment at law against them, ought,
at an earlier date, and within a, reasonable time after discover-
ing the alleged deficiency in the number of acres, to have in-
sisted upon a credit in respect thereof, and that there is in this
delay of nearly five years, far more appearance of acquiescence
on their part than can be inferred against a non-resident de-
fendant for omitting to answer a bill for less than two years.
There is, moreover, another reason of great force, in my
judgment, against allowing a credit for this alleged deficiency
in the number of acres.
The deed, as we have seen, which was executed on the 7th
of May, 1841, describes the land by course and distance, and
as containing the number of acres spoken of in the bill. It is
dated subsequently to the date of the contract of purchase,
and of the agreement for an allowance in case of deficiency in
the quantity of acres. This deed must be understood as taking
the place of all previous agreements upon the subject, and as
containing the full and entire contract of the parties, and yet
we do not find in it any covenant in regard to the title of the
vendor. It seems to me that if the purchaser had designed to
guard himself against an apprehended deficiency in the number
of acres, or any other defect in the title, to the whole or any

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 250   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives