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2 H. & J. 64

Hampson v. Edelen

Court of Appeals of Maryland

Decided June 15, 1806

Court of Appeals of Maryland · decided 1806-06-15

The bill of the complainant, (the now appellee,) stated, that in September 1797, he purchased a part of a tract of land, lying in Prince George’s county, called Sloney Harbour, containing 163 acres, from a certain Benonill. Wade, at the price of £5 per acre; and on the 24th of December 1797, Wade gave him full and absolute possession thereof, and that he has ever since continued in possession.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-06-15

How this case has been cited

Cited by 16 later decisions — most recently April 2011

15 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chase, Ch. J.

¶1delivered the opinion of the court. In this case it appears that a considerable part of the purchase money was paid, and possession given of the land, prior to the obtention of the judgments by Hampson against Wade.

¶2A contract for land, bona fide made for a valuable consideration, vests the equitable interest in the vendee from the time of the execution of the contract, although the money is not paid at that time. When the money is paid according to the terms of the contract, the vendee is entitled to a conveyance, and to a decree in chancery for a specific execution of the contract, if such conveyance is refused.

¶3A judgment obtained by a third person against the vendor, mesne the making the contract and the payment of the money, cannot defeat or impair the equitable interest thus acquired, nor is it a lien on the land to affect the right of such cestui que trust.

¶4A judgment is a lien on the land of the debtor, and attaches on it as a fund for its payment; but the legal estaté in the land is not vested in the judgment creditor, although lie can convert it into money, to satisfy his debt, by pursuing the proper means.

¶5DECREE AFFIRMED,

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