Rother v. Trustees of Sharp Street Station of the Methodist Episcopal Church

Page, J., delivered the opinion of the Court. The bill in this case was filed by the appellee to obtain a declaration that the title to the property in question is good and marketable, and to require the appellant to specifically execute his contract. The same matter has been before this Court once before; its decision will be found in 83 Md. 289 . The relief asked for then, and now, was refused in that case for the reasons : 1st.

The heirs of John Sinclair, the grantor in the deeds of the 30th of May, 1811, and of the 30th of August, 1833, and the heirs of James Carey, the grantor in the deed of the 15th of May, 1802, were not made parties to the proceeding; and 2nd. Upon the evidence disclosed by the record, the character of the appellees’ possession of the premises was not sufficiently made to appear. It is contended here that both of these objections are now fully met. The appellant admits in his answer, “ that if the proof herein taken shall show that all the parties having any interest in the determination of the question of the title are parties,” and if this Court shall determine the appellees’ title to be good and marketable, he is ready to make the loan.

The bill shows that John Sinclair has long since departed this life, being at the time a non-resident of the State, and that his heirs are unknown to the appellees, although they have used the “ utmost diligence to discover them.” Notice by publication was made as to them in pursuance of an order of the Court. It is quite sufficient to say concerning the heirs of James Carey, they have all been made parties, and are now before the Court by actual notice, by summons, or by order of publication. There is in this case proof other ⁵³⁰ than that contained in