Ziegler v. Vickers

Collins, J., delivered the opinion of the Court. This is an appeal from a decree directing the specific performance of a contract to purchase land. By agreement on August 16,1950, the appellees agreed to sell to the appellants for the sum of $2,000.00 and the appellants agreed to purchase from the appellees, a lot of land described as follows: “Situate and lying in the town of Laurel, Prince George’s County, State of Maryland, located on Second Street, and described as follows: Beginning one hundred and fifty (150) feet South from the northwest corner of Main and Second Streets, thence north binding on the westerly side of Second Street four hundred and ninety-nine (499) feet, more or less to the Patuxeht River thence along the said river one hundred and fifty-four (154) feet nine inches, more or less, thence southwesterly parallel with Second Street six hundred and six (606) feet, more or less, to ³⁹¹ the north side of the Water Estate Lot, thence southeasterly one hundred and eighteen (118) feet two inches more or less to the place of beginning, and more fully described in a deed from Mildred B. Sherbert, widow, to Beatrice E. A. C. Vickers, Recorded among the Land Records of Prince George’s County in Liber No. 1025, folio 418.” The appellants paid $200.00 on the execution of the contract but refused to pay the balance of the purchase price on the due date, claiming that the appellees are unable to convey to them a good and merchantable title for the land to be conveyed. Whereupon the appellees filed a bill for specific performance of the contract against the appellants.

After answer filed and the taking of testimony, the chancellor decreed specific performance of the contract. From that decree, the appellants appeal. The record discloses the following: On May 27, 1882, Williamanna Constable, et al, conveyed a tract of land of which the lot in question is a part, to James Nelson Herbert. By his last will, James Nelson Herbert devised the property, of which the land in question is a part, to his daughter, Ella Harrison, and to his widow, Rachel Herbert, each to receive one half of the income therefrom during the life of the said Rachel Herbert, and at her death, the same to vest in the said Ella Harrison absolutely.

On May 1, 1908, Rachel Herbert conveyed all her interest in that property to Ella Harrison by deed recorded among the Land Records of Prince George’s County in Liber 42, Folio 513. Ella Harrison and her husband, not paying their taxes for the year 1919, their entire property, of which the lot in question is a part, was sold for taxes in 1920. Some of the property, of which the lot in question here is not a part, was purchased by one Griffith and the remainder was bought in by Prince George’s County. On December 18, 1922, Herman E. Burgess, Treasurer of Prince George’s County, deeded to Mary S. Osbon in fee simple: “all that tract of land in the tenth Election District, of Prince George’s County, Maryland, described as follows: Part of Lot ³⁹² on Second Street, Laurel, formerly owned by Ella Harrison and Lot numbered ten (10) in Block numbered thirty seven (37) in the subdivision known as Oak Crest, as per plat thereof recorded among the said Land Records in Liber . . . folio . . .; being the same property described in a deed recorded among said Land Records in Liber No. 42, folio 513, together with the buildings and improvements thereon rights, roads, ways, privileges, thereto belonging.” It is questioned whether the description in this deed is too vague to identify it as the property here decreed to be sold.

It is not necessary that we pass upon that question. The appellants in their brief admit: “The property mentioned in the contract of sale is located in the town of Laurel, Prince George’s County,'and has a width of about 118 feet with an uneven depth running back to the Patuxent River and' contains 1% acres more or less, and is known as the Osbon lot on Second Street. The property is unimproved. Mary S. Osbon, the mother of the appellee, Beatrice E. A. C. Vickers, took title to said land in 1922, departed this life in 1945, arid by her last will and testament thé land descended to Mrs. Vickers ; ori April 2, 1948, a deed of conveyance was