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Home > Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 10: (English)
Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 10: (English)

Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 10: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...had, for the property conveyed to them, agreed to pay his debts. Besides, it is proved, that Andrew Newcomer urged the making of the deed of 1825 to Funk and Christian Newcomer. These circumstances we consider as amounting to an estoppel inpais and binding on his heirs. Where a person having a title to real estate, acquiesces in the sale of it by a person pretending to have title, and having color of title, he shall be bound by such sale, provided no fraud was practiced upon him. Morris vs. Moore, 11 Humphreys, 433. "If a person maintain silence, when in conscience he ought to speak, equity will debar him from speaking when conscience requires him to be silent." Hall vs. Fisher, 9 Barbour, 17. In the case of Mozford vs. Bliss, 12 B. Monroe, 255, it was held, that where a mortgagee of certain premises requested the holder of a note of the mortgagor, in which the mortgagee was surety, to obtain judgment on the note, and levy on and sell the mortgaged premises, he being present at the sale, and did not object to the sale, that he was estopped to assert his title, under the mortgage, to the premises. Christian Newcomer having accepted the deed of 1825, (as we must suppose, as he has acted under it in executing deeds for parts of the land, ) and, by its legal effect, acknowledged the interest of Funk, as tenant in common, cannot now claim the whole land by a title paramount to that under which John Funk claims. The doctrine of estoppel applies to such a case, as fully as if he had, himself, sold the land to Funk, and was now seeking to divest the title he had conveyed. If Funk, on the faith of this deed, has paid Andrew Newcomer's debts, It would be a fraud to allow Christian Newcomer to take the land by the title under which he...


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Product Details
  • ISBN-13: 9781130651928
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 228
  • Series Title: English
  • Weight: 413 gr
  • ISBN-10: 1130651924
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 12 mm
  • Width: 189 mm


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Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 10: (English)
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