Helden v. Hellen

Citations

• 80 Md. 616
• 31 A. 506
• 1895 Md. LEXIS 25

Syllabus

<p>Bill to Remove Cloud from Title — Rights of Purchaser at Execution Sale.</p> <p>A bill in equity to remove a cloud from a title cannot, as a general rule, be maintained, unless the plaintiff has both title and possession. If the possession of the land is in another, his remedy is by an action of ejectment.</p> <p>M. executed a deed of trust of land to the defendant to secure the payment of certain promissory notes given by the grantor to a third party. Subsequently a judgment against M. was obtained by A., upon which an execution was issued, and the interest of M. in said land was sold to A., who received a deed from the Sheriff conveying said interest. A. then conveyed the land to the plaintiff, who filed a. bill alleging that the original grantor, M., was never indebted to the payee of the notes; that the deed of trust to the defendant was made in fraud of the rights of the creditors of M„ and praying that the same be vacated as a cloud on plaintiff’s title, and that the notes mentioned in said deed be brought into Court and cancelled. The bill did not allege that the plaintiff was in possession of the land or that he was a creditor of M. at the time of the execution of the deed of trust. Upon a demurrer to the bill, Held, that the plaintiff was not entitled to have the deed of trust vacated as a cloud on his title, in this proceeding, but should be left to his remedy at law.</p>