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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 529   View pdf image (33K)
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HARRIS VS. MORRIS. 509
MORGAN HARRIS AND ETHELDRA,
HIS WIFE,
vs.
WILLIAM MORRIS.
DECEMBER TERM, 1847.
[EVIDENCE.]
Two co-heirs executed a deed of partition, in which they mutually covenanted
that each should hold his part of the land free, and discharged from all title,
interest, claim and demand of the other, but neither covenanted to assume
the title of the other. HELD—
That one of these co-heirs is a competent witness for the other in an action
brought by the latter against a third party, involving the title to a part of
the estate conveyed to the plaintiff by the deed of partition.
A vendor of land selling in good faith is not responsible for the goodness of
his title beyond the covenants in his deed.
[The bill in this case was filed by Morgan Harris and
Etheldra his wife, to enjoin an ejectment suit brought by the
defendant, William Morris, for a tract of land called "Morris
Landing," and to obtain a conveyance of the legal title to the
same by a decree for the specific performance of an agreement
between said Morris and Samuel Chapman, the ancestor of com-
plainant's said wife, in relation to the sale of said land.
It alleges that in 1817, Samuel Chapman, of Charles county,
discovering a vacancy adjoining his lands on the Potomac river,
agreed with said Morris that they together should take up the
same; that the patent should issue to Morris, but the land
should be held equally between them, each owning one-half
thereof; that said Chapman paid $77 27, the caution money,
on the 1st of March, 1817, to the state, and the receipt of the
treasurer therefor is exhibited with the bill; that in pursuance
of this agreement, the land was patented to Morris, and called
"Morris Landing," containing 52 1/4 acres. That afterwards,
said Chapman being about to sell all his lands on the Potomac,
purchased of Morris all his interest in said tract, being one
moiety thereof. That in part performance of this contract,
said Chapman was put in possession of the whole tract, and
remained in possession thereof from that time until his death,
44*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 529   View pdf image (33K)
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