Bratt v. Bratt

Goldsborough, J., delivered the opinion of this Court: The bill of complaint which was filed in this case on the 13th day of November 1858, in the Circuit Court for Baltimore County, alleges, that the complainant, as administratrix of John Bratt, sold and conveyed to the appellant, certain leasehold property in the City of Baltimore, which belonged to her intestate, — the purchase money therefor, amounting to $9100; that at the time of the sale, there were'outstanding mortgages against this property to the amount of $1000, for the payment of which, the appellant was allowed to retain that sum, leaving a balance due the complainant of $2100; that she did not take any note or obligation to secure the payment of this sum, and claims to hold a vendor’s lien on the property for the same; that the appellant has wholly failed to pay the amount claimed, and resists the payment on the ground that there are unsettled accounts between the complainant and himself, and that she has repeatedly requested him to state his account, but has never been able to induce him to do so. The bill further prays that an account may be stated under the authority of the Court, ⁵⁸³ The appellant being summoned failed to appear and answer the bill, and ¡vdccroe pro confesso was taken, against him. A commission to take testimony ex-parte was issued; and on the return thereof, the Circuit Court passed a final decree directing the appellant to bring into Court the sum of $2100 by a day therein named, with interest from the 8th day of December 1852; failing go to do, the Court ordered the property conveyed to the appellant, to be sold for the payment of appellee’s claim. Shorn this decree this appeal was taken.

We are therefore to consider whether the allegations in the bill supported by the exhibits and testimony in the cause, will justify a Court of Equity in extending its aid in support of the appellee’s claim. We entertain no doubt that the appellee is fully justified in claiming a vendor’s lien on the leasehold property sold by her, and that the same may be enforced in tills case in equity for unpaid purchase money. Such an estate as this, being for ninety-nine years, renewable forever, so far partakes of tbe realty that tbe title can only pass by deed executed with all the solemnities which are prescribed by law for the sale and conveyance of real estate, different in all respects from the sale and transfer of personal chattels, the title to which may pass by simple delivery accompanying the sale. The point made by tbe appellant, that the appellee has mo lien against leasehold property, is not supported by the authorities cited by bim.

Those are cases relating to the salo of personal chattels, and we think the distinction is obvious. Tbe appellant, without any appearance, or making any defence in tbe Circuit Court, comes into this Court and excepts to the