Oppenheimer v. Micbar Co.

Collins, J., delivered the opinion of the Court. Micbar Company, Inc., a body corporate, appellee, filed a bill of complaint in the Circuit Court for Baltimore County praying that a contract of sale of certain lots in Baltimore County be specifically enforced against Lee L. Oppenheimer, appellant and purchaser, under an agreement of sale filed therewith. The agreed statement of facts in the case follow. “On November 9, 1944, William J. Foley, the County Treasurer of Baltimore County sold lots 82 and 84 Section D of Back River Highlands in the 15th Election District of Baltimore County for non payment of taxes in the amount of $73.84, to the County Commissioners of Baltimore County. The advertisement of sale and the ¹⁹⁴ Collector’s roll described the lots as Lots 82 and 84 Section D Back River Highlands. 100' x-fronts 100' N.S. Nicholson Road beg. 1650' E from Riverside Road in the 15th Election District of Baltimore County.

On December 21, 1944, the County Treasurer of Baltimore County issued a Certificate of Sale for the same to the County Commissioners of Baltimore County and in which the lots were described as Lots 82 and 84 Section D Back River Highlands in the 15th Election District of Baltimore County. On December 12, 1946, the County Commissioners. of Baltimore. County filed its Bills of Complaint to foreclose all rights of redemption in the lots, as part of the pleadings, the aforementioned Certificate of Sale was filed as an Exhibit in the case. On April 17, 1947, a decree was signed by the Circuit Court for Baltimore County in Equity foreclosing all rights of redemption in the aforementioned lots and on May 15, 1947, a deed was executed by Charles L. Hammond, Treasurer of Baltimore County to the County Commissioners of Baltimore County conveying the aforeméntioned two lots of ground.

On June 16, 1947, the County Commissioners of Baltimore County sold the lots at public auction to the Bell Realty Co., Inc., and on June 21, 1947, executed a deed for the same to Bell Realty Co., Inc. On September 17, 1947, Bell Realty Co., Inc., a body corporate, conveyed the aforementioned lots of ground to Micbar Company, Inc., a body corporate. The Treasurer’s advertisement, the Collector’s Rolls and the Certificate of Sale do not contain any reference as to a plat or the place, liber and folio wherein the plat of Back River Highlands is recorded, and the defendant therefor claims the title is not good and merchantable.” From a decree of the Circuit Court for Baltimore County ordering specific performance of the contract of sale, the appellant appeals here. The appellant sets up as a defense in