Allen v. Van Bibber

Fowler, J., delivered the opinion of the Court. By authority of a decree of the Circuit Court for Harford County, George L. Van Bibber and Stevenson A. Williams were directed to sell the real estate of the late Margaret A. Gibson, formerly Margaret A. Herman. On the 4th day of October, 1897, after having duly advertised the same, they, in pursuance of the authority given by said decree, sold at public auction to Sallie W. Allen a house and lot in the town of Bel Air. This sale was duly reported.

But the purchaser filed exceptions to its ratification, which exceptions were overruled by the Court below. Hence this appeal.' The exception was based upon an alleged defect in the p aper title to the lot in question. ⁴³⁵ It appears from the agreed statement of facts that Thomas P. Dill, being in possession under a deecj conceded to be good and valid, executed a bond of conveyance to John Ward, dated the nth Sept., 1848, and that thereupon and under said bond, no deed having ever been executed by Dill to him, Ward entered into possession, and so continued until the 13th Oct., 1854, when he conveyed the lot to John Cox in fee-simple. Similar conveyances in fee were made of this lot by Cox to William H. Dallam, by Dallam and wife, to the trustees of the Methodist Episcopal Church, &c., and by the trustees of that church to William Herman, and by him to said Margaret A. Herman. It is also agreed that said Cox, Dallam, the trustees of said church, and William Herman entered into possession upon the dates of the respective deeds to them, and under each respectively, and so continued until the dates of the respective deeds from them, and that the said Margaret A. Herman entered into possession upon the date of the deed from William Herman to her and under the same, and so continued until the date of her death on 13th April, 1889, and that the said lot has remained in possession of her heirs until the date of the sale to the appellant; that the property in question is a town lot improved by a dwelling-house and has been continuously enclosed by a fence since the year 1848 ; and that since the last named date no claim has been made to said lot under said bond of conveyance adverse to said Ward or those claiming under him.

From this statement it appears that although Ward’s paper title was defective, he having never received a deed from Dill, the obligor named in the said bond of conveyance, yet all the subsequent grantors