Porter v. Porter

Per Curiam. By deed dated May 12, 1949, Jeannette M. Porter, widow, conveyed a lot of ground, improved by a small dwelling in poor state of repair, located at Eckhart, Allegany County, to the ap ⁶⁴¹ pellant, her son, Clarence T. Porter, and his wife, Viola A. Porter, appellee, as tenants by the entireties, reserving a life estate in the grantor. The record before us shows that Jeannette M. Porter died November 3, 1963, vesting the remainder interest in the property in the parties to this proceeding as tenants in common, due to the fact that the appellee, by decree of the Circuit Court for Allegany County, was awarded a divorce a vinculo matrimonii from the appellant. The case now before us is an equity proceeding for the sale of the property in lieu of partition, and division of the proceeds thereof.

The bill of complaint was filed March 4, 1964, and the appellant answered by letter to Mr. Boden, Clerk of the Court: “My answer to complaint of Viola A. Porter and Clarence T. Porter. We do not have any rights to the selling of this property of Mrs. Jeannette M. Porter, Eckhart Mines, Maryland.” In the intervening years between the conveyance of the property by the appellant’s mother and the filing of the present bill of complaint, there has been much litigation between the parties hereto. The appellee, by name of Viola Nettie Porter, in the Circuit Court for Allegany County, obtained a decree of divorce a mensa et thoro, dated August 17, 1955, from the appellant named as Clarence Porter, by the terms of which she was awarded certain personal property and alimony at the rate of $100 per month. As a result of his refusal to abide by the terms of that decree he was cited for contempt and committed to the Allegany County jail until such time as he might purge himself o£ the contempt by compliance.

He remained in jail approximately twenty months and sought leave to appeal to this Court from the denial of a writ of habeas corpus, but his application was denied. Porter v. Sheriff, 212 Md. 631 , 128 A. 2d 442 . Eater, the appellee, by name of Viola Porter filed a proceeding, No. 25,035, in which she obtained a decree of absolute divorce from Clarence T. Porter on March 5, 1958. Simultaneously with the date of the decree the parties and their counsel entered into an agreement which was filed in that case whereby the parties agreed with