Inventory for MSA SC 5339-236

OVERVIEW: The sellers had obtained a patent for a tract of land. The parties entered into an agreement to sell the land. The sellers brought suit, seeking specific performance of the contract. The buyers alleged that the sellers were not in possession of the property and could not convey marketable title to the land because of the riparian rights of the owners of the fast land abutting thereon. The court found that the riparian owners were, at the time of the issuance of the patent entitled to the accretions for which the patent in the case was issued. The court determined that had the issuance of the patent been contested, it, under 1862 Md. Laws 129 and the facts of the case, it should not have been granted, as it was established by the facts in the case that the rights of the riparian owners would have been impaired. The court found that because the sellers did not have a marketable title in the land sold, they could not grant such a title to the buyer.

Appeal from the Baltimore City Circuit Court

See: MSA SC 5339-230-43 for documents and analysis.