Frazee v. Frazee

Briscoe, J., delivered the opinion of the Court. The bill in this case is for an injunction to restrain proceedings in an action of law by way of ejectment, ²⁸ and for a specific performance of an agreement to sell certain real estate, and for general relief. The bill charges that one of the defendants, Mrs. Felicia Frazee, was the owner of a lot of ground in Garrett County, and sold the same to Winfield S. Friend, through her husband as her agent; that the purchaser entered into possession without having paid the entire purchase money, and without having received a deed, but had made improvements on the property; that shortly afterwards the purchaser’s interest was sold at sheriff’s sale to the plaintiff, and he was put in possession by virtue of a writ of habere facias, and that the vendors had instituted an action of ejectment to dispossess the plaintiff. The Court granted the injunction, but after a hearing of the case on bill, answers and proof, afterwards dissolved it and dismissed the bill.

This appeal is from that order. The allegation of fraud which is made by the bill is denied and traversed by the answers. There is also a denial on the part of the defendants, that Mrs. Frazee, the wife, was a party to the contract of sale, or had any knowledge of it until a long time after it had been made. It is admitted that the land belongs to the wife, she having obtained it by deed from her brothers and sisters, and that it was recorded on the 5th day of April, 1883, among the land records of Garrett County.

The contract of sale is dated the 25th of February, 1885, and is set out in the record. It is not signed by the wife, nor does it make mention of the wife’s interest in tire property, but specifically agrees to convey only the right, title, and interest of the husband, W. H. Frazee. The material part of the agreement is as follows: “This agreement, made between William Henry Frazee, of the first part, and Winfield S. Friend, of the second part, witnesseth: The said William Henry Frazee ²⁹ of the first part doth sell to the said Winfield Scott Friend of the second part, for and in consideration of $405, all his right, title and interest in and to the following property.” We have carefully examined the testimony and find it confirmatory of the written agreement. The witness, W. S. Friend, testified that when he bought the land he thought it belonged to Henry Frazee, the husband; that he had no dealings with the wife whatever in regard to the land; and that he did not know that Mrs. Frazee owned it until 1890.