Boteler v. Beall
Court of Appeals of Maryland
Appeal from Chancery. On the 6th day of January, 1830, Lucy .S. Brooke, filed her bill of complaint in Prince George’s county court, as a court of equity, against Walter B. Brooke, to foreclose a mortgage of real estate in Prince George’s county, and for a sale of the mortgaged premises., A decree was passed on the 27th of July, 1830, appointing her solicitor, Edwin M. Dorsey, trustee to make sale of the estate, or so much thereof as should be necessary for payment of the…
Read the full summary
Appeal from Chancery. On the 6th day of January, 1830, Lucy .S. Brooke, filed her bill of complaint in Prince George’s county court, as a court of equity, against Walter B. Brooke, to foreclose a mortgage of real estate in Prince George’s county, and for a sale of the mortgaged premises., A decree was passed on the 27th of July, 1830, appointing her solicitor, Edwin M. Dorsey, trustee to make sale of the estate, or so much thereof as should be necessary for payment of the mortgaged debt. The trustee gave bond as required by the decree, with Alexander H. Boteler and Edward W. Belt, (the…
1Opinion of the CourtDorsey, Judge
As one of the several grounds relied on to sustain the Chancellor’s order, dismissing the petition of the appellants, it is insisted that the order of the county court directing E. M. Dorsey, the first trustee, to pay to Lucy S. Brooke the amount of her mortgage claim, is an adjudication that the trustee had received the amount of the purchase money applicable to *397such purpose; and that the present appellants claiming under Lucy S. Brooke, are estopped from denying that fact, and consequently, can make no such claim as that preferred by their petition. Estoppels of this character are not…
2Cited by2 opinions
- Bullett v. WorthingtonHigh Court of Chancery of Maryland · 1851
- Bilbrey v. StrahornCourt of Appeals of Maryland · 1927