Darraugh v. Preissman

Grason, J., delivered the opinion of the Court. On January 29, 1948, William J. Stocksdale recovered judgment against Robert L. Glass in the Superior Court of Baltimore City for $215.00, with interest and costs. On May 26, 1948, Stocksdale issued a writ of fi. fa. on said judgment and Joseph C. Deegan, Sheriff of Baltimore City, levied upon the leasehold property known as No. 1506 N. Caroline Street, Baltimore City, which belonged to the defendant Glass. The Sheriff, after following the usual procedure, on July 9, 1948, sold the property levied upon to William J. Darraugh.

On June 15, 1948, Robert L. Glass, the judgment debtor, entered ⁴⁵⁰ into a written agreement to sell the said leasehold property to Benjamin Preissman. On July 12, 1948, Preissman filed a bill against Robert L. Glass and his wife, Helen E. Glass, Joseph C. Deegan, Sheriff, and William J. Darraugh, in which he prayed: (1) That the defendants be enjoined from disposing or otherwise dealing with said property in derogation to the rights, title and equity which Preissman acquired under the contract of sale from Glass and wife. (2) That Glass and wife specifically perform their contract upon Preissman paying to them the balance of the purchase price specified in the contract of sale, less the liens and encumbrances on or against the same, as aforesaid, and to pay said liens and encumbrances to the . persons entitled to them, and for other relief. The bill alleges the execution of the contract whereby Glass and his wife agreed to sell the said property to Preissman for $5900.00 subject to an annual ground rent of $66.00, and files the contract of sale as an exhibit; that Preissman served notice on the holder of the ground rent of his intention to redeem; that Preissman arranged to create a new ground rent on said property; that he employed the services of an attorney to examine the title to the property, which has been completed, and that Preissman is ready, willing and able to consummate the contract of sale; that the title examination disclosed: (1) a mortage on said property to secure a loan of $1700.00 and that there is now due and owing on said mortgage approximately $950.00; and (2) a judgment recovered by William J. Stocksdale against Robert Glass for $215.-00, plus costs and interest thereon, which judgment was entered on or about January 29, 1948; that a fi. fa. was issued on said judgment and the Sheriff sold said property to William J. Darraugh for the sum of $2600.00; that the defendant, William J. Darraugh, at the time he purchased the property at the Sheriff’s sale could not have acquired any greater or other title to said leasehold property than that owned or possessed by the judgment debtor, Robert Glass, at the time of the Sheriff’s sale; ⁴⁵¹ that unless the court assume jurisdiction for the purpose of determining the respective rights, interest and title of the parties hereto in and to said leasehold property, Preissman will suffer great loss and damage; and that he has no adequate remedy at law.

It will be noted that the bill makes no complaint whatever regarding the proceedings under the fi. fa., nor the sale under the same by the Sheriff of Baltimore City. In fact, at the argument counsel for appellee stated there was nothing wrong in these proceedings whatever. The bill does not allege that the price the property brought at Sheriff’s sale was even inadequate, to say nothing of being grossly inadequate. At the time Priessman entered into the contract to purchase this property from Glass and his wife it had actually been levied upon by the Sheriff.

The procedure under the fi. fa. and sale thereunder is free from legal objection. Unless there was an exception filed by Glass to the ratification of the sale, and there was none, the property belonged to the appellant, for at the sale he acquired all right, title and interest in law and in equity to the property sold. “The appellant, at a judicial sale, purchased the interest of William Lowe in this property, in reliance, as we must suppose, upon Reich’s deed to him and his sister. He was substituted, by law, to the rights of the judgment