Buckner v. Hesson

Sloan, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court of Baltimore City overruling a demurrer to a hill filed by the appellee to compel specific performance of an agreement of the appellant to convey a lot in Baltimore City to Grace ⁴⁶² Hesson, mother of the appellee, “clear and free from the payment of any ground rent,” which was afterwards conveyed to her by a deed whereby the appellant assumed the payment of the ground rents then on the property. As alleged by the bill of complaint, about March 11th, 1919, Grace Hesson entered into an agreement in writing with Louis Buchner for the purchase of the property known as Ho. 2838 Frederick Avenue, by which Buckner agreed to convey the same to her for four thousand dollars, of which four hundred dollars was paid in cash, and the balance ($3,600) secured by a mortgage payable in installments of forty dollars per m,onth. By deed dated April 18th, 1919, Buckner conveyed the property to Grace Hesson, the habendum clause of which is as follows: “To have and to hold the said described lot of ground and premises unto and to the use of the said Grace Hesson, her heirs, personal representatives and assigns free and clear of the payment of any ground rent, or any mortgage indebtedness for which the said property may now be liable, which ground rent and mortgage indebtedness the said Louis Buckner does hereby assume and the said Louis Buckner does hereby, for himself, his heirs, executors, administrators or assigns covenant and agree to pay and keep and save the property hereby conveyed free and clear from the liability for the ground rents and mortgages to which the same is now liable so that the said Grace Hesson, her heirs and assigns, may have, hold, úse and enjoy the said property in the same manner and to the same extent as though the same was in fee simple.” At the suggestion and upon the recommendation of the appellant, Grace Hesson employed Louis Hollander, an attorney, and a son-in-law of Buckner, to examine the title and prepare the necessary papers.

Grace Hesson died intestate Hovember 10th, 1926, leaving the appellee, who was her only son and heir at law, to whom letters of administration were ⁴⁶³ granted on the mother’s estate. He engaged Louis Hollander as his attorney, who prepared a deed of the lot so conveyed to his mother, which the appellee executed as administrator of his mother, Grace Hesson, to himself individually, and which was “subject however to the legal operation and effect” of the purchase money mortgage from Grace Hesson to Louis Buckner. After the death of his mother the appellee continued to reduce the amount of the mortgage debt until May, 1929, when he heard that the property had not been conveyed to his mother free and clear of ground rents. He mentioned this fact to both the appellant and the said attorney, but was assured by them “that the title was good and that the deeds conveyed the property free and clear of the payment of any ground rent in accordance with the terms of the aforementioned agreement.” The appellee then advised them that he would