Reese v. Reese

Grason, J., delivered the opinion of the Court. The bill in this case was filed for the specific performance of a contract alleged to have been entered into by the complainant and Jacob Reese, his father. The bill alleges that the complainant lent his father three thousand dollars, on or about the 20th of December, I860, and that in February or March, 1867, it was agreed by and between the complainant and his father, that the latter would sell to the former a certain parcel of land, which is described in Exhibit A., filed with the bill, for the sum of twenty-five hundred dollars. The bill further alleges that the sale was consummated by Jacob Reese, accepting that sum, being part of the amount lent him by the complainant, as full payment of the purchase money, and that said Jacob was thereafter, to be indebted to the complainant in the sum of five hundred dollars, the balance of the said loan of three thousand dollars; that said land was delivered into the possession of the complainant, and has since remained in his possession, and that Jacob Reese agreed to execute a deed for the same to complainant, hut neglected and failed to do so, and that on the first day of January, 1872, having become embarrassed and involved in his pecuniary affairs he conveyed by deed to John E. Smith, all his property and estate for the benefit of his creditors.

The answer of Jacob Reese admits the allegations of the hill. The answer of John E. Smith denies all knowledge of the alleged agreement, and requires full proof of the allegations of the bill. To this answer there was a general replication, Jacob Reese then died, and, by an agreement filed in the cause, his administrator and heirs at law were made parties. A commission was issued to take testimony, and after its return and a final hearing of the case, a decree was passed ⁵⁵⁸ dismissing the bill of complaint, and from that decree this appeal was taken.

Each party filed exceptions to evidence in the Court below, and we are of opinion lhat they were correctly disposed of by the learned Judge, before whom the cáse was tried. Declarations of Jacob Reese, made after the deed of trust was executed, and tending to impeach Smith’s title under that deed, were clearly inadmissible. The declarations testified to by James W. Reese, were made not only after the date of that deed but after the bill in this case was filed and when Jacob Reese was about to file his answer to it and at the time the answer was read to him. The exception to his evidence was therefore properly sustained.

Dorsey vs. Gassaway, 2 H. & J., 402 ; Owings vs. Low, 5 G. & J., 145 ; Cooke vs. Cooke, 29 Md., 550 . It is also a well established principle that a grantor is estopped from impeaching the title of his grantee. Funhvs. Newcomer, 10 Md., SIL The evidence of Smith and Haines was excepted to by the complainant.

They testified to declarations of Jacob Reese that the land belonged to him, which declarations were made after the alleged agreement for the sale to the -complainant and before the date of the deed of trust to John E. Smith. The Court below sustained the exception to the whole of Smith’s evidence and