Frazee v. Frazee

• Decision Date: 13 March 1894
• Citation: 28 A. 1105,79 Md. 27
• Parties: FRAZEE v. FRAZEE ET AL.
• Court: Maryland Court of Appeals

28 A. 1105

79 Md. 27

FRAZEE v. FRAZEE ET AL.

Court of Appeals of Maryland

March 13, 1894

Appeal from circuit court, Garrett county, in equity.

Bill by Jonas Frazee against William H. Frazee, Felicie Frazee, his wife, and Winfield S. Friend, to enjoin proceedings in ejectment by Felicie Frazee, and to compel specific performance by William H. Frazee and wife of a contract executed by William H. Frazee to W. S. Friend for the sale of all his right, title, and interest in and to the land in controversy. A temporary injunction was granted, as prayed for by plaintiff, and, from an order dissolving the same plaintiff appeals. Affirmed.

Argued before ROBINSON, C.J., and BRYAN, McSHERRY, FOWLER, BOYD, and BRISCOE, JJ.

Gilmor S. Hamill and Tho. J. Peddicord, for appellant.

John W Veitch and Robt. H. Gordon, for appellees.

BRISCOE J.

The bill in this case is for an injunction to restrain proceedings in an action of law by way of ejectment, and for a specific performance of an agreement to sell certain real estate, and for general relief. The bill charges that one of the defendants, Mrs. Felicie Frazee, was the owner of a lot of ground in Garrett county, and sold the same to Winfield S Friend, through her husband as her agent; that the purchaser entered into possession without having paid the entire purchase money, and without having received a deed, but had made improvements on the property; that shortly afterwards the purchaser's interest was sold at sheriff's sale to the plaintiff, and he was put in possession by virtue of a writ of habere facias; and that the vendors had instituted an action of ejectment to dispossess the plaintiff. The court granted the injunction, but, after hearing of the case on bill, answer, and proof, afterwards dissolved it, and dismissed the bill. This appeal is from that order.

The allegation of fraud which is made by the bill is denied and traversed by the answers. There is also a denial on the part of the defendants that Mrs. Frazee, the wife, was a party to the contract of sale, or had any knowledge of it until a long time after It had been made. It is admitted that the land belongs to the wife, she having obtained it by deed from her brothers and sisters, and that it was recorded on the 5th day of April, 1883, among the land records of Garrett county. The contract of sale is dated the 25th of February, 1885, and is set out in the record. It is not signed by the wife, nor does it make mention of the wife's interest in the property but specifically agrees to convey only the right, title, and interest of the husband, W. H. Frazee. The material part of the agreement is as follows: "This agreement, made between William Henry Frazee, of the first part, and Winfield S. Friend, of the second part, witnesseth: The said William Henry Frazee, of the first part, doth sell to the said Winfield Scott Friend, of the second part, for and in consideration of $405, all his right, title, and interest in...