JANOSKE v. FRIEND

[No. 362, September Term, 1970.]

261 Md. 358 (1971)

275 A.2d 474

JANOSKE ET UX. v. FRIEND ET UX.

Court of Appeals of Maryland.

Decided April 6, 1971.


Attorney(s) appearing for the Case

William W. Grant for appellants.

Clarence A. Penman for appellees.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.


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

We are here presented with the question of whether a recorded contract of sale may be availed of by a defendant in an ejectment action under a not guilty plea, no plea on equitable grounds having been filed.

Appellants Howard W. Janoske (Janoske) and Barbara W. Janoske, his wife, (the Janoskes) bought a tract of land in Garrett County. The metes and bounds description called for 88 acres, with no exceptions for...

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