The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1889-04-19
Of Interest TO Land Owners.

The litigation growing out Of a disputed
division line between the lands of Henry VIM
ter and J. Campbell White, which was recent
IL decided in favor of Mr.. Winter by the
Court Of Appeals, Judge Robinson delivering
the opinion. attracted wide attention. BY The
decision it is established that when there ATE
two descriptions in deed, the one general
and the other special. aud they do hot agree,
the grantee may rely upon the description that
is more beneficial tn him. In this case the
deed conveye 10 Mr.. Winter .Btn,on's PAX, =
followed by references to courses aud distances.
The title to the whole farm passed 10 him,
although part Of il was not included III the
said courses AMI distances The land in con-
troversy is long NARROW strip runnn, be-
tween two farms. In the trial Mr.. Winter
was represented by VIM. \. Hammond and
Mr.. White by Henry F.. Wnott"n.
Lawyers, real estate dca lers, conveyancers
and property owners are very much exercised
over the effect Of 4 recent decision Of the Court
| of Appeals. which it is said. virtual clouds
| the titles TO nearly ouy third OF the property
in Maryland. More especially is the effect OF
the decision felt in the city. wiIer. transfers Of
property frequent. aud real estate dealers
say they have titles every lay because of it
| The decision was handed down ia the ease of
Levi W. Rothsciiil, aud virtually makes all
property conveyed To 4 married woman. no
matter how acquired, respon> bile for The debts
of the husband. The sentiment i'll the d2cis-
| ion objected to is As follows 1T can hardly
| be necessary To say that where a conveyance
is made TO a married woman, the burden of
proof is on the wife TO show that the prope .ty
was purchased and paid for oui of money be.
longing to her, aud that, in The absence OF
such proof, the presumption IS tina; the !us
band furnished the means Of payment"
The Code provides for the holding of prop
| erty by married women. and it, exemption
| from liability for heir hushaud'> debt, and
for the proper transfer If property from l hns-
bar.h 10 a wife. The only iiiefdi't pnt uporl
| such transactions is wLrr,. ia r. i all rviIr:l,
| intent 10 d,fraud creditors. where tnc proper
so transferred is still liable Tor the husband
| debts. By the clause in the decision referred
TO Il is claimed that WIS property, no M Al
ter how acquired. whether it was left her 10y
| her father or other relatives, 81 WIS earned by
| herself, is responsible i'll the absence of this
| proof for the debts OF The husband The wifa
holding property in her own nam-. and wish
| ing TO mortgage or sell it, must furnish proof
that it was hot purchased with money furnish
ed by her husband. So deeply has this ques-
| ton disturbed real estate transactions that a
prominent dealer this week, in disposins Of a
piece of property he had acquired from 4 mar
r;ed woman. was obliged TO furnish bond 10
insure the It'll"
For sale al GEIER'S NEW YORK CAR
RAGE and HARNESS REPOSITORY
the greatest selection IF Carriages, Buggies,
Wagons and liar e,s ia the cliy both new and
secondhand. Call and he Convinced. no
trouble 10 show goods. Best OF Terms. 1915 Pa.
Ave WM f. GEI Err