Moore v. Taylor

Citations

• 81 Md. 644
• 32 A. 320
• 1895 Md. LEXIS 82

Syllabus

<p>•Oral Appointment of Agent by Husband and Wife — Memorandum Required by plh Section of Statute of Frauds — Sales at Public Auction —Purchaser from Heirs of Decedent upon whose Estate no Administration was Granted — Assignment for Benefit of Creditors— Death of Party Pending Appeal.</p> <p>The heirs to whom an estate descended agreed in writing that, in order to avoid a partition suit, the property should be sold by a certain auctioneer. One of the heirs, a married woman, became the purchaser through an agent appointed orally by her and her husband. The auctioneer made a memorandum of the sale at the time. Held, that the purchase was binding on the married woman.</p> <p>When the memorandum of a contract under the fourth section of the Statute of Frauds is signed by an agent, it is not necessary that he should have been appointed in writing.</p> <p>When land is sold at public auction, the auctioneer is the agent of both buyer and seller to sign the memorandum required by the statute ; and the same is complete when he makes an entry of the purchaser’s name and the terms of the sale.</p> <p>Where a party executes a deed conveying all his property to a trustee for the benefit of creditors, and the trustee subsequently under an order of Court reconveys the property to the grantor, the effect of the deed of trust is entirely nullified; and the mere fact that a creditor of the grantor filed a claim in the cause after the passage of the order and before the actual reconveyance, does not suspend its operation. A subsequent purchaser from the grantor acquires a good title.</p> <p>W. conveyed his interest in certain land to his brothers in trust to pay the income to himself for life, and upon his death, in default of testamentary appointment, to distribute “ the principal sum thereof” to his brothers and sisters. Upon his death no letters of administration were taken out. Held, that a bona fide purchaser of the land from said grantees seven years after the date of the deed,