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446l'HE DAILY RECORD, WEDNESDAY, NOVJTHE DAILY RECORD.PUBLISHED BYTHE DAILY RECORD COMPANY,331 St. Paul Street.W * . v t * _JOHN WARFIELD. Prest. and Genl. Mangr.ALBERT C. TOLSON, Managing Editor. ERNEST R. CRAPSTER, Associate Editor.Maryland ’Phone. B—6301.C. A P. ’Phone. Mt. Vernon. 3474.■ * * « 4 ~ ^ - v - * ^ 111 ■ 1 . ‘__L»fUTiinlt;fr~T__-.an - 1 ■■ ..........Entered at the postofflce at Baltimore as ■econd-class matter.I. -■ '-- | ‘ ‘ ' ’ ■ ■ ■ 'I '_■■ ■-',;r.ly^\\ ednesilay, Nov. H, 1905LEGAL NOTICESLEGAL NOTICESFirst Insertion.First Insertion.oRestrictive Covenant.—An im-portant decision was recently rendered by the chancery division of the High Court of Justice of England. (In re. Nesbitt and Potts’ Contract,53 W. R., 297, 74 L. J. R., 310, February 9, 1905.) The facts of the case are these: A piece of land subject to restrictive covenants contained in deed of 1872, restraining the erection of buildings beyond a certain line, had, prior to 1878, passed into the occupation of a squatter, who, in 1890, obtained a possessorn title under the Statute of Limitations.The squatter sold in 1890 Co A, who in turn sold in 1901 to B. In neither of these sales had there been any investigation of title prior to 1878, consequently the existence of the restrictive covenants had not been disclosed. B, in 1903, contracted to sell to C, and while admitting the existence of the deed of 1872, argued that the squatter, or at any rate the two subsequent purchasers from him were not bound by the covenants on the ground of want of notice, and with regard to the squatter, he further argued that by the Real property Limitation Act the covenants were extinguished by lapse of time, in the same way that a statutory owner who„ loaapo iw not, liable totelly, her husband,non-residents; Abraham role, Baltimore city; Lewis Hendrickson. Hendrickson, his wife.also knownas Lewis Patterson, - Patterson, hiswife, pon-residents; Fannie Galloway, Thomas K. Galloway, her husband, Mary Patterson, Ella Griffith Galloway, M. Ross Galloway, her husband, Baltimore city; Georgette Griffith, widow, Norman Boudnot Griffith, Mary L. Griffith, his wife. Clifton R. Griffith, Lucy E. GriffltL, his wife, George Duffleld Hall, Mary E. Hall, his wife, nonresidents; Eleanor Fulford Connor, James A. Connor, her husband, Frances Gould Bowling, widow. Mary F. Birch, widow, Baltimore city; Avarilla rulford Roberts, Thomas H. Roberts, her husband. Mary Matilda Bryan, Wm. H. Bryan, her tusband, Baltimore county; John Hawkins Patterson, Baltimore city; Anna Beck Jones, Edgar Allen Jones. M. I)., her husband, Dorchester county, Md.; Alexander Mitchell Fulford, widower, Alexander M itland Fulford. unmarried, Frank H. Fulford, unmarried, Harford countv. Md.; Thomas Archer Hays, Mary W. Hayt, his wife, Baltimore city; Walter Sappington, William F. Sappington. Earl Nelson Sappington, William Fulford Hays, Nathaniel William Smith Hays, Dorothy P. Hays, h s wife. Alexander Fulford Hays, Margaret P. Hays, his wife, George Archer Hays, Harford county, Md ; John F. Hays, Lucy Garrett Hays, his wife, Frederick county, Md ; Emanuel Greenbaum, Baltimore city: Johns Hopkins Hojpital, a body corporate; The Maryland School for the Blind, a body corporate; The unknown heirs and devisees of William Lorman, Alexander Lorman, Anne Chancellor, Anne Pound, Fannie L. Chancellor, Jane Hall Abbett, Charles E. , Aubett, George S. Chancellor, Margaret L. Bailey. Chancellor Bailey. Georgia Love, Mary Ann Appier, Elizabeth Grady, George F. Grady. Edward Macus Grady. Anna Booth Grady Talley, John N. Grady, Lilly Grady,William R Grady, Sisan P. Chartters, Xanthus C. Chartters, Melzi S. Chancellor. George E. Chancellor, Susan Chancellor, Thomas Chancellor. Lucie Marie Stephens, Lorman Chancellor, J. Edgar Chancellor. Ann M. Appier, George Chancellor, William Fulfora, Mary Lorman Hays, William F. Hays, Archer Hays. Elizabeth F. Griffith, Virginia Griffith, William Griffith, El'en G. Cole. Theodore Galloway, Edna Galloway. George Theodore Griffith, Lewis Grandison Grifflith, Elizabeth Fulford Griffith, Alex. Lorman Griffith, Eleanor Torrance, Elizabeth Galbraith Hall, Charles G. Hall, Avarilla Patterson. William Presbury Patterson, Henry Fulford. Alexander Lorman Fulford, Henry Fulford. Elizabeth Hays Fulford, Sarah Ann Hays, Mary Pattersonon. all deceased.The object of this proceeding is to obtainrt of; ♦*place of beginning. That after mesne conveyances, the Johns Hophins Hospital, acquired by deed recorded in J. B.. 1312, Folio 85. from Lillie L. Campbell and others the fee-simple title (subject to a mortgage, which was afterwards released) to the ground described in the deed from Lorman to Appleton, said ground being described in the deed to the said Johns Hopkins Hospital as binding on the west side of a court or alley thirty feet (30 feet) wide, with the use thereof in common with others; that William Lorman conveyed to Philip Rogers Hoffman by deed recorded in T K.. 284, Folio 484, a lot described as situate on the s qth side of Germaii street one hundredand thirty-six feet six inches (136 feet 6inches) east from Hanover street;'running thence westerly on the south side of German street thirty-eight feet six inches (38 feet 6 inches) to a court or alley of the width of thirty fftet (30 feet) communicating with German street; thence south 0£ the east side of the said court eighty-flve feet (85 feet) or thereabout; thence east thirty-eight feet six inches (38 feet 6 inches); thence north to the beginning. The said deed vested in the grantee the use and benefit in common with the said William Lorman and those claiming under him of the court or alley mentioned in the above description. That Emanuel Greenbaum by deed recorded in G. R., 652, Folio 211, acquired the fee-simple title to the westernmost half of the ground described in the deed to Hoffman, and also to the use and benefit in common with others of tne court or alley adjoining on the west.That William Lorman, being at the time of his death the owner in fee simple of the lot described, as having been condemned subject to such rights. Interests and easements as he granted to other persons, departed this life in Balt more City, intestate, and Alexander Lorman, his only surviving son and heir at law, became entitled to the Interest of his father therein; that Alexander Lorman died on or about January 14, 1872, seized and possessed thereof leaving a will dated February 28, 1857, probated in the Orphans’Court of Baltimore city, and recorded in Wills Liber J. H. B.. 38, Folio 56. After devises and bequests, not affecting this lot, he devised and bequeathed all the rest and residue of his estate, real, personal and mixed to Edward Roberts and Dr. John H. Patterson, son in 1 iw of his late uncle, William Fulford, of Harford county, and to the survivor of them. c., in trust; that the said Edward Roberts and Dr. J. H. Patterson should divide his estate in two equal parts, and hold one part in trust for the following children of his uncle, William Fulford, of Harford county, Maryland; Eleanor, Elizabeth, Averilla, Sally, Henry and Alexander L., his maternal cousins and their heirs; and that the trustees should collectonH nftprnav-
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The Daily Record
Baltimore, Maryland, US
Wed, Nov 08, 1905
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