Arcadia Investment Corp. v. Crown Cork & Seal Co.

MARBURY, C. J., delivered the opinion of the Court. This is a bill for specific performance and a declaratory decree filed by the vendor of certain real estate in Baltimore City against the vendee. The defense is inability to convey a good and merchantable title to certain ¹⁰⁸ private alleys and parts of alleys included in the land contracted for. The vendor admits it has no title of record to these alleys, but claims adverse possession for more than twenty years.

The Chancellor so found, decreed that the vendor could convey merchantable title, and directed the payment of the balance of the purchase money which had been retained pending the determination of the case. The greater part of the consideration had been paid, and the deed had been given. The vendee appeals. The contract of sale includes the entire block known as the 1500 block Guilford Avenue.

In 1888 the owners of adjacent lots in this block executed a deed by which they established certain alleys and fixed the boundary lines of their properties. When two of these owners afterwards sold and conveyed their lots, the' deeds called only to the alleys. These deeds were executed prior to the Act of 1892, Ch. 684, Code, Art. 21, Sec. 114 (Maryland Telephone Co. v. Ruth, 106 Md. 644 , at page 651, 68 A. 358 , at page 359, 14 L. R. A., N. S., 427, 124 Am. St. Rep. 506 , 14 Ann. Cas. 576; Campeggi v. Wakefield, 157 Md. 229 , at page 237, 145 A. 546 , at page 549), and therefore did not pass title to the center of the alleys.

Title, Inc. v. Dubel, 177 Md. 387 , at page 389, 9 A. 2d 591 , at page 592. As a result, title to these alleys, or portions thereof, remained in the grantors. Both of these two grantors are now dead, and none of their heirs, devisees or successors are made parties to this case. In 1915 the appellee obtained title to the entire block with the exception of these alleys or parts of