Bullock v. Staylor

Citations

• 125 Md. 699

Syllabus

<p>Specific performance: decree compelling vendee to comply vnth contract of salej title need not be free from every possible doubt j adverse possession.</p> <p>Where a hill for specific performance is brought, for the purpose of testing the title of a vendee, in order for a decree to be granted, it is not required that the title shall be absolutely perfect and free from every possible doubt; a threat, or even the possibility, of a contest will not be sufficient to defeat the right to the decree; but to have such effect, the doubt must be considerable and rational, such as would and ought to produce real, bona fide hesitation in the mind of the court.</p> <p>The mere fact that the vendor’s title to land depends upon adverse possession, is no defense to a bill for specific performance.</p> <p>A public street or road, adjoining a piece of property, was closed in 1882, and benefits for such closing were assessed against the owner of the property; the assessment not being paid, the property Was advertised to be sold by the City of Baltimore; the day before the sale, the widow of such owner, instead of waiting to buy the property at public sale, paid the assessment to the city and obtained a receipt therefor, and the property was withdrawn from sale; the property was then assessed to her; she paid the taxes upon the same until her death, in 1909 ; during all that time she maintained a house and improvements upon the property, and leased out and received rent for the same: Held, that her possession, under such circumstances, established in her a fee simple and marketable title tc the lot in question, by adverse possession.</p> <p>It is the intent with which possession is begun or maintained which makes its character adversary.</p>