Krach v. Carson

Adkins, J., delivered the opinion of the Court. The bill of complaint in this case alleges that on June-16th, 1916, Mary Anne Gibson conveyed two lots in Baltimore City to Charles E. Carson, one of the defendants, who-on the same day conveyed said lots to Mary E. Carson,. Adolph Gibson, Amanda A. Erach and Anna D. Gibson, both of said deeds being duly recorded; that on the same day the-said Mary Anne Gibson conveyed, by way of bill of sale, duly recorded, the market stalls known as Nos. 187 and 188 in Lexington Market, and No. 156 in Hollins Market, to-. Mary E. Carson, Adolph Gibson, Amanda A. Erach and Anna D..

Gibson; that on the same day the said Mary E. Carson,. Adolph Gibson, Amanda A. Erach and Anna D... Gibson ⁶⁶¹ transferred, by way of a deed, tbe said lots back to tbeir mother, the said Mary Anne Gibson, and by way of a bill of sale the said market stalls; that at the time of the execution of the above-named instruments Mary Anne Gibson delivered to Charles E. Carson the said deed and bill of sale from her said children to her, “with instructions to the said Charles E. Carson not to record this deed and bill of sale unless and until there might be some change in her feeling in regards to the matter, and that if she died without requesting the said Charles E. Carson to place the said deed and bill of sale upon record, that then it was her desire that the property should pass under the aforesaid recorded deed and bill of sale, and that the said Charles E. Carson should' destroy the unrecorded deed and bill of sale”; that the said Mary Anne Gibson died on August 15th, 1925, and that prior to her death she had made no change in the instructions given to Charles E. Carson at the time of the delivery to him of the aforementioned deed and bill of sale, but that said papers have not been destroyed by the said Carson; that, on August 27th, 1925, a contract of sale was entered into by and between Mary E. Carson, Amanda A. Krach and Anna, D. Gibson, of the first part, and Adolph Gibson, of the second part, whereby the parties of the first part agreed to sell tu the party of the second part one of the above-mentioned lots; that the attorney for Adolph Gibson, subsequent to the execution of said contract, has demanded of Charles E. Carson,, who is now the administrator of the estate of Mary Anne-Gibson, that he place upon record the unrecorded deed and bill of sale; that the said Adolph Gibson claims that prior to the death of his mother he purchased from her said market stalls for $1,500; that plaintiffs feel assured and aver that, no such sale or attempted sale was made by their mother, and that the demand that said deed and bill of sale be recorded is for the purpose of again vesting the title of said lots and stalls in the said Mary Anne Gibson, in order that such a transfer of the stalls might have been possible. The prayer of the bill is for an order directing said Charles-E. Carson to bring into court said unrecorded deed and bill ⁶⁶² of sale for cancellation, in