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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 274   View pdf image (33K)
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274 HIGH COURT OF CHANCERY.
which an error very prejudicial to the interests of the complain-
ant was committed, and the object of the bill is to have this
error rectified, and a new lease executed conforming to the real
intention of the parties.
The imputed error consists in the second line of the lot, as
described in the lease, according to which it is made to run
from the termination of the first line on Baltimore street, "north-
erly seventy-five feet, running at. right angles with Baltimore
street." when, according to the statement of the bill and the
pretension of the complainant it should have run "northerly in
the direction of the most northerly angle of the entire of said
lot, seventy-five feet.''
A glance at the plat among; the proceedings, will show how
very material this supposed mistake is, for if the line in the
lease is the true one, and the parties are to hold according to
that line as laid down, the complainant will not only lose a con-
siderable portion of the area of the lot claimed by him, but he
will also be deprived of a part of the ground upon which his
house stands, and on the other hand, if the line insisted upon
by the complainant is the true one, the defendant will lose a
portion of his houses back and front.
The defendant, though he maintains in his answer, that the
portion of the lot which he agreed to lease to the complainant
is accurately and correctly described in the lease, does not con-
tend for the location thereof as made by the surveyor, but in-
sists upon a line which shall conform with the improvements
made by the parties upon their respective lots, and which is in-
dicated by a fence as located upon the plat, and contends that
such is the true and legal location of the lease according to the
adjudged cases.
As there is no absolute necessity for it, I do not propose to
decide this question, which belongs more properly to a court of
law, and could only be authoritatively decided there in an action
of trespass or ejectment. I deem it sufficient here to say, that
a reasonable doubt may be entertained in regard to the true
construction of the lease, and that it is not certainly so free
from ambiguity as to render the interposition of this court

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 274   View pdf image (33K)
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