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ARMIGER v. LEWIN

[No. 227, September Term, 1957.]

216 Md. 470 (1958)

141 A.2d 151

ARMIGER ET UX. v. LEWIN ET AL.

Court of Appeals of Maryland.

Decided April 29, 1958.

Attorney(s) appearing for the Case

John B. Garvey, Jr., for appellants.

Edmund P. Dandridge, Jr., for appellee, John Henry Lewin.

William E. Hammond, with whom were Francis T. Peach, Walter R. Haile and Richard C. Murray on the brief, for appellee, Baltimore County, Maryland.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and MACGILL, Associate Judge of the Fifth Judicial Circuit, specially assigned.

HORNEY, J., delivered the opinion of the Court.

John Henry Lewin (Lewin) is the owner of an eight acre tract of land fronting on Malvern Avenue in Ruxton. John Warfield Armiger and Jean Stark Armiger, his wife (the Armigers), own a one acre lot bordering on Lewin's eastern boundary. The titles to both properties were derived from the same source, Grace Ward Levering (the common grantor), who had formerly owned both parcels of land. The

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