Welch v. Byerly

Pattison, J., delivered the opinion of the Court. This Court is called upon in this case to review the action of the lower court.in overruling exceptions to, and in ratifying, a sale made by a trustee under a mortgage of a lot of land, lying and being in the City of Baltimore, the ground of the exceptions, briefly stated, being that the property at such sale brought an inadequate price because of the alleged insufficiency of the advertisement under which it was sold. The property covered by the mortgage, consisting of about sixteen acres of undeveloped land, is located between PTorth Avenue and Liberty Heights Avenue, adjoining on the north and east the property of Alexander Bfown, known as Mondawmin, and on the south the property of Wm. H. Buckler; and near it on the west is the Western Maryland Bailroad.

It is shown from the record that on the 25th day of April, 1911, the Mayor and City Council of Baltimore passed an ordinance, known as Ordinance PTo. 678, authorizing and directing the Commissioners for Opening Streets to “condemn and open Gwynns Palis Parkway * * * from the intersection formed by the southwesternmost side of Liberty Heights Avenue (formerly Old Liberty Boad) and the southwesternmost side of Beisterstown Turnpike Boad to the outline of the land conveyed to the' Mayor and City Council of Baltimore by John B. Boberts, etc.” This avenue when opened would pass from west to east through the northern section of the mortgaged property, known as the Boston Pear Home Place, which will hereafter be designated ¹⁰⁹ as the “Eear Property,” and also through the property of Alexander Brown before reaching Liberty Heights Avenue. Mr. Brown opposed the opening of the avenue- through his property as laid down by said ordinance, and nothing further was done until July 14th, 1916, when the Mayor and -City Council passed two ordinances, Hos. 169 and 170. The first of these closed that part of the avenue, laid down by Ordinance Ho. 678, which passed through the Brown property and for a part of the distance through the Eear property; while Ordinance Ho. 170 relocated the parkway through the Brown property, north of its original location, and for a part of the way through the Eear property. On May 18th, 1923, a third ordinance was passed, known as Ho. 916, authorizing and directing the Commissioners for Opening Streets “to condemn, open and grade Gwynns E’alls Parkway * * * from Pennsylvania Avenue to Gwynns Falls Parkway as now condemned.” This avenue when opened would pass through the extreme southern part of the Fear property.

On February 7th, 1924, a further ordinance was passed, known as Ordinance Ho. 92. By this ordinance the Commissioners for Opening Streets were authorized and directed to close that part of Gwynns Falls Parkway which was to be opened under tbe first ordinance (Ordinance Ho. 678) from the point of its intersection, on the west, with the avenue to be opened under Ordinance Ho. 916, to the Eear property. Upon the closing of such part of Gwynns Fails Parkway, laid down under Ordinance Ho. 678, the said parkway was left without an outlet on the west. The closing of such part of it, it seems, was done to avoid going under the railroad in two places, one upon each of said parkways, as laid down by the ordinances mentioned, and with the idea' of connecting the northern with the southern parkway over the Fear property as disclosed by the plat on page 97 of the record, which the reporter is asked to insert in his report of this case.

But nothing has been done, so far as the record discloses, towards relocating said northern parkway so as to ¹¹⁰ connect it, as aforesaid, with the southern parkway, nor has anything been done towards the physical opening of any of said parkways except the grading of the Liberty Heights Avenue end of Gwynns Falls Parkway, relocated under Ordinance Ho. 170, which grading is confined to the part of such highway passing through or over the Brown, property, and no title to any of the land so condemned through the Fear property has ever been acquired. Hor, so far as the record discloses, has the title to any of the lands condemned under any of said ordinances been acquired by the city. This was the status or condition of things in respect to the ordinances named, when the property was advertised for sale by the trustee, not only in the Daily Record, but in the Sun and the Evening Hews, all of which are published in Baltimore City. In the Daily Record the property is referred to and described therein as follows : “Trustee’s Sale of a splendid tract of ground for development purposes, being in fee simple and consisting of sixteen acres, more or less, with large brick man ¹¹¹ sion house thereon, known as the Boston Fear Home Place, located on the west of, and adjoining the Alexander Brown property which fronts on Pennsylvania Avenue and Liberty Heights Avenue, and adjoining the property of William H. Buckler on the south, having an entrance on Elgin Avenue to the northwest of Monroe Street and Pennsylvania Avenue.

It is believed that Gfwynns Falls Parkway and Mondawmin Avenue when opened will go through this property.” The advertisement appearing in the Sun and Hews was as follows: “Trustee’s Sale of an Advantageous and Excellently Well-Located Fee-Simple Property Comprising About Sixteen (16) Acres, Improved by a Large Brick Mansion.” “The property is known as ‘The Boston Fear Home Place.’ It is to an unusual degree opportunely situate for development, and is described in detail in the advertisement appearing in ‘The