Riggin v. Robinson

BR.ISCOE, J., delivered the opinion of the Court. On the 10th day of March, in the year 1893, the appellant by deed, conveyed to John E. Twilley of Wicomico County, certain property situate in that county. The deed is as follows : In consideration of the sum of one hundred and seven ⁸² dollars, I, tbe said Wm. A. Biggin, do grant unto John B. Twilley of county and State, a vacant lot of ground in tbe town of Sbarptown, in Wicomico County, adjoining tbe sebool bouse, and wbicb tbe said Biggin obtained from Jona-'tban Biggin by will.

Also a tract of land about two miles from Sbarptown, containing thirty acres, more or less (32), wbicb Biggin obtained by tbe last will of Bboda Bobinson, recorded in tbe office of tbe Begister of Wills for Wicomico County, to wbicb reference is made, also a one-nintb interest ,in a water-mill called tbe Bobinson Mill, in fee simple.” Tbis deed was properly executed, to pass -real estate and .was on tbe lOtb day of March, 1893, recorded among the land record's of Wicomico county. On tbe 13th day of April, in tbe year 1898, John B. Twilley, tbe grantee in tbe last named deed, by a duly executed conveyance-, absolute on its face, in consideration of tbe sum of seventy dollars conveyed tbe identical property mentioned in the deed from Biggin to him, to one James Bobinson, of Wicomico County, and tbis deed was on tbe 10th day of May, 1898, recorded among tbe land records of .Wicomico county. On tbe 15th of July, 1909, tbe appellant filed in tbe Circuit Court for Wicomico County a bill of complaint against James Bobinson, now deceased; alleging that tbe property .was conveyed by tbe grantor to Twilley as trustee for the purpose of making a sale of tbe same and the proceeds to be used, in paying tbe grantors indebtedness and when that was done, the residue of tbe property was to be reeonveyed to tbe grantor, that be demanded a reconveyance of all tbe ¡residue of tbe property not sold, "but that it was not recon-veyed, but instead of doing so, it was conveyed to the appel-lee by deed dated tbe 13th day of March, 1898, intending thereby to defraud and to keep tbe plaintiff out of bis lawful ¿rights, control and ownership of tbe land, and that tbe plain,tiff has repeatedly requested a reconveyance of tbe land to him from tbe appellee, but be has refused, and still refuses ;to convey it. ⁸³ . Tbe bill further avers, that John R. Twilley departed this life in the year 1900, that the plaintiff holds possession of the land, has continued to cultivate it and to pay State and county taxes thereon.

The prayer of the bill is: First, that the plaintiff may have said' land conveyed back to him, free, clear, and discharged of all incumbrances, title, claim and interest of each and every party defendant hereto; second, that the parties may be decreed to convey the land to the plaintiff by a good and sufficient deed; third, that a proper ' person may be appointed to convey the land to the plaintiff by a good and sufficient deed, free, clear and discharged from all right, title, interest, claim and demand of the defendant or defendants herein named; and fourth, that the plaintiff may have such other and further relief as his case may require. The defendant by his answer denies all of the allegations of fraud set out in the bill, or any intent of fraud on his part or on the part of Twilley, who has been dead for some years, as to the purchase, and states that he had no knowledge until after the conveyance to him, of any of the alleged terms or conditions upon which the property was conveyed to Twilley, from whom he obtained it by deed. He also denies that he purchased it for an inadequate consideration, and avers that the defendant on the 12th of April, 1898, consented for him to purchase the land, and that he in perfect good faith, and for a good and valuable consideration bought the property, took control of it and rented it to other parties. He admits he did as a matter of favor, on or about the time of the execution of the deed, consent orally that the plaintiff might repurchase the