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extinguished by lapse of time, in the same way that a statutory owner who has ousted a lessee is not liable to pay the rent and perform the covenants to which the lessee was liable.The court held that a “squatter,” who gains a possessory title to land by virtue of twelve years’uncontested adverse occupation, is not relieved from the burden of restrictive covenants affecting the land merely by lack of notice of the existence of such covenants during the period of his advers6 occupation.Restrictive covenants constitute an equitable interest in the land, and this equitable interest is prior in validity to all equities on the land subsequently created, including the equity of a subsequent purchaser for value. The question of notice is only material as binding the conscience of a purchaser for value so as to prevent him setting up possession of thelegal estate.As a “squatter,” however, can not even set up the preliminary plea of purchaser for value, it becomes immaterial, in his case, further to consider whether he can or can not set up the additional plea of possession of the legal estate, and in his case, accordingly, it is also immaterial to consider whether he has or has not had notice of the existence of restrictive covenants.Farwell, J., in a well considered judgment, said in part: “The burden of these restrictive covenants is not incident, but paramount, to the estate of the dispossessed owner, and all that the statute of limitations extinguishes is the right and title of the person who fails to make an entry or bring an action for the recovery of the land in question.The right to enforce these covenants was no part of his title, nor is such right within the act at all, for it is obvious that the person entitled to enforce them can not do so by making any entry or distress, or bringing any action torecov,er land.” —American Law Review.iui ovu, tiv/in j a unui u. .'MCAauutT JuUimailjU CTION SALES OF KKAL K8TATKTO-DAY.Fattison Gmhau!akm.inlt;u fialo r»f Mlt; 89Q ('nmhorlandFulford, Henry Fulford, Elizabeth Hays Fulford, Sarah Ann Hays, Mary Patterson Sappington, all deceased.The ob]ect of this proceeding is to obtain an order or decree of the circuit Court of Baltimore City, authorizingthecomnlaiuant to pay into said Court the sum of money awarded for a lot of ground described in said bill of complaint, as having been condemned by the plaintiff in the matter of the openingand widening of German street on the south side thereof, from Hopkins Place to Light street in the City of Baltimore, to the end that the said plaintiff may thereupon secure the usual deed and release vesting in the said plaintiff the title to said lot of_ ground in fee-simple, and that the said sum of money, may, under the Jurisdiction of the said court.be distributed to such person or persons, or corporations as may be legally entitled thereto.The bill of Complaint avers that the complainant, under the authority 9f Chapter 87, of the Acts of 1904, and o* Ordinance Number 67. approved April 12,1904. did condemn the property required for the opening, and widening of German street on the south side thereof, from Hopkius Place to Light street in Baltimore City, including the lot of ground, being a part of a court or alley which extended southwardly from the south side of German street described as follows: “Beginning for the same on the south side of German street at the distance of sixty-eight feet ten inches (68 feet 10 inches) east from the southeast corner of Hanover and German streets, which place of beginning is at the intersection of the south side of German street with the east line of the lot which by deed dated September 3)tb, 18 «0, and recorded among the Land Kecords of Baltimore city in Liber J. B.. Number 1312, folio 185, was granted and conveyed by Til-lie Campbell, c., to the trustees of the Johns Hopkins Hospital, in fee-simple; thence southerly, binding on Lot ‘J’ thirty-six feet five inches (36 feet 5 inches) to the south line of German street, as now in process of widening; thence easterly binding on said south line, twenty-nine feet, eleven inches (29 feet 11 inches),to the west line of the lot which by deed dated April 2nd, 1874, and recorded among the Land Records of Baltimore city in Liber G. R., Number 652. folio 211, watt granted and conveyed by George B. Hoffman and wife to Emanuel Greenbaum in fee-simple; thence northerly, binding on Lot *L’ thirty-six feet two and one half inches (36 feet 2% inches) to the south line of German street as now existing; thence westerly, binding on said south line twenty-nine feet eleven inches (29 feet 11 inches) to the place of beginning.”Being the lot designated bv the letter K” on the map marked Plat Number 23,” for the wideniug of German stieet on the south side, between HopkHis Place and Light street, wlucb was tiled by the “Burnt District Commission,” with its return in the olllce of the City Register, for which lot of ground said Commission made the following award: To Emanuel Greenbaum, Trustees of the Johns Hopkins Hospital, and to the heirs of William Lorman, or euch person or persons as may be legally entitled thereto for damage, for the fee-simple interest in all that lot and improvements or debris thereon, the sum of live thousandtsai ia, auu nuiu uuc pan m u uai iur me 101-lowing 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 collect the rents, profits and income, and after paying all expenses, pav to his aunt, Mary F. Fulford, widow of his late uncle and motherof said children, the annual sum of six hundred dollars ($600), in equal semi-annual payments during her natural life, and the balance to distribute among said children, and their heirs, share and share alike, the descendants of any deceased cousin to taKe the share or shares to which their, flr its parent should have been entitled, and after the death of said Mary F. Fulford, to dis tribute the whole of said net income among the said children during their natural life or lives, respectively; and after the death of either of his cousins before mentioned, then he gave and bequeathed the share to which such cousin was entitled to the child or children of such deceased cousin, their heirs and assigns absolutely, and in as much as his cousin Henry had died leaving one child, that the share which he would be entitled to after the death of his testator’s aunt should be paid to him, one-half at the age of twenty-one, and the other halt at the age of twenty-five years, but that if anyone or all of his cousins should die without issue, or descendants of such issue, therii the portion of his estate, to which the one so dying was entitled, should be paid over to the trustees of the Baltimore Asylum for the Blind.The other half of the rest and residue of his estate he devised and bequeathed to Edward Roberts and Major Sanford Chancellor of Spottsysvania county. Virginia, and the survivor, c., in trust, that said trustees should collect the rents and profits thereof, and after paying expenses should pay to his aunt, Ann Chancellor, widow of the lat* George Chancellor, of Chancellors-ville, Spottsylvania county, Virginia, the annual sum of six hundred dollars ($600) for and during her natural life, and the balance to be distributed among the children of the said aunt, and their heirs, share and share alike, the descendants of any deceased child to take the share or shares to which their, or its parent would have been entitled; and after the death of said aunt to distribute the whole net income among the children-uring their natural lives respectively: and after the death of any child.be gave and bequeathed the share to which Mich child was entitled, to the child or children of such deceased child, their heirs and assigns absolutely; provided that if any one of the said cousins, should die withotst issue, or descendants of such issue, then the portion of his estate to which the one so dying was entitled, should be paid over to the trustees of the Baltimore Asylum for the Blind, and be vested in his trustees, the survivor and their successors the power of sale and reinvestment.TMht Alexander Lorman by the first codicil to his will appointed Edward Roberta and Francis T. King, executors, and that no attempt has been made to convey the lot of ground condemned as above mentioned, or to partition the same among those entitled thereto, since the death of said Alex. Lorman. That though complainant cannot as-«-l»W Aftrtoi r»f ir nr hn u r*ft tho hpi Ttt « flfi
Newspaper Details
The Daily Record
Baltimore, Maryland, US
Wed, Nov 08, 1905
Page 2
Full Page
Clipped by
Rosenberg L.
TX, USA 25 Sep 2018
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