Paisley v. Holzshu

Citations

• 83 Md. 325
• 34 A. 832
• 1896 Md. LEXIS 52

Syllabus

<p>Ejectment by Purchaser of Debtor's Equitable Interest in Land— Conversion.</p> <p>A grantor conveyed certain property to his three sons, to hold the same in trust for himself during life, with power after his death to divide the same among said children and other persons according to certain directions. In order to accomplish the purpose of the deed a conversion of the realty thereby conveyed was necessary. A judgment creditor of one of the grantor’s sons and beneficiaries issued an execution under which his interest in certain land conveyed by the deed was sold to the plaintiff. Before this execution sale, and after the death of the grantor, the trustees, acting under a power in the deed, sold the same land to the defendant. In an action of ejectment, held, that the judgment debtor’s interest in the land was only equitable which could not support an action of ejectment, and also that the land had been converted into money under the provisions of the deed of trust.</p>