Wickes v. Anderson

Parke, J., delivered the opinion of the Court. The trustees under a decree of the Circuit Court for Baltimore County, sitting as a court of equity, sold certain land pursuant to the decree and reported the sale, and the purchaser, Catherine O. Young Wickes, filed exceptions to the ratification of the sale on the ground that the title to three roods and seven perches of the land so sold was defective. The controversy was submitted to the chancellor on an agreed statement of facts. The decree of the chancellor overruled the exceptions and finally ratified and confirmed the sale.

An appeal was then taken by the purchaser. ⁵⁸¹ The facts submitted are that by deed, dated December 8th, 1841, and duly recorded, Samuel M. Tagart and William J. Johnson, trustees, conveyed to Elisha S. Johnson two tracts of land in Baltimore County, which were described, respectively, as containing thirty-three acres and eighteen perches of land, more or less, and fifty-one perches of land, more or less, and both parcels together were described and known as the Mantua Mills property. By deed dated August 9th, 1860, and duly recorded, the said Elisha S. Johnson acquired from Edward P. Philpot and wife a tract of land containing three roods and seven perches which was contiguous to the two tracts mentioned. Elisha S. Johnson built upon this last mentioned lot a large brick dwelling, which has since been continuously occupied by Johnson and his successors in title to the property known as Mantua Mills, as part of the property known as Mantua Mills. By his will bearing date February 18th, 1866, and duly admitted to probate on January 2nd, 1867, Johnson devised and bequeathed to his wife, Eleanor Johnson, for life, and in lieu of her dower, certain property of which one parcel is described as: “Also my Mill property and lands attached thereto and generally known as Mantua Mills, adjoining the lands of Colonel Edward Philpot and others.” And by a later clause devised and bequeathed to his daughter, Elizabeth Anne Johnson: “All my property both real and personal (as devised to my wife Eleanor in the first item, during her life) and then at her demise to the said Elizabeth Anne during her natural life, and then to her heirs in fee.” The parcel of three roods and seven perches did, and now does, adjoin the two parcels here mentioned as well as the lands of Colonel Edward Philpot and others.

The daughter, Elizabeth Anne Johnson, became the wife of Charles W. Semmes, and by deed of mortgage dated November 12th, 1883, the two conveyed to Richard C. Smith, trustee, a number of properties which did not form any part of the Mantua Mill property, and then conveyed: “All that part of a tract containing about ⁵⁸² thirty-three and one-half acres of land lying in Baltimore County aforesaid upon which stands the Mantua Mills which was conveyed to Elisha S. Johnson by Samuel H. Tagart et al., trustees, by the deed first mentioned.” And to this was added the further description, it being: “All and the same land which in the first item of the last will and testament of Elisha S. Johnson” was devised to his wife, Eleanor Johnson, during her natural life, and, later in the will, devised to his daughter, Elizabeth Anne Johnson, after the death of his wife, Eleanor. The mortgage was foreclosed, and all the mortgaged premises were conveyed to the purchaser, Edward Worthington. Jacob Roop acquired by deed from Edward Worthington and wife several parcels, one of which was described in the identical terms of the mortgage deed. On the death of Jacob Roop intestate, his surviving wife and heirs at law, by deed dated March 30th, 1891, and duly recorded, conveyed unto Thomas E. Gill: “All that parcel of land situate in Baltimore 'County and known as Mantua Mills and containing thirty-three and one-half acres of land, more or less, comprising all the land conveyed by Samuel H. Tagart and William H. Johnson to Elisha S.