Mountain Lake Park Ass'n v. Shartzer
Court of Appeals of Maryland
Appeal from an order of the Circuit Court for Garrett County (Stake, J.) In 1849 John Hoye died, seized of a tract of land in Allegany County known as “ Military Lot No. 858,” which he devised to George Smith and Edward Hoye, trustees, with power to sell and distribute the proceeds among certain parties. Smith alone acted as trustee and executor under the will.
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Appeal from an order of the Circuit Court for Garrett County (Stake, J.) In 1849 John Hoye died, seized of a tract of land in Allegany County known as “ Military Lot No. 858,” which he devised to George Smith and Edward Hoye, trustees, with power to sell and distribute the proceeds among certain parties. Smith alone acted as trustee and executor under the will. In 1850 a bill in equity was filed for the sale of the real estate of William W. Hoye and Paul Hoye, and to this bill Smith, as executor and trustee of John Hoye, and Edward Hoye were parties as distributees of William W. Hoye’s…
1Opinion of the CourtBriscoe, J.
The bill in this case was filed by the Mountain Lake Park Association of Garrett County to enjoin the prosecution of an action of ejectment brought by Edward Hoye, trustee, under the will of John Hoye, to recover a tract of land known as Military Lot No. 858. This lot is now in *12the possession of the appellant company, but a claim of title is also made by the appellee, John Shartzer, substituted trustee, in the place of Edward Hoye, deceased. A preliminary injunction was granted, but after a hearing of the case, on bill, answer and proof, it was dissolved, and from that order this appeal has…
2Cases cited2 opinions
- The "Juniata."Supreme Court of the United States · 1876
- Alexander v. WalterCourt of Appeals of Maryland · 1849
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- Bean v. Steuart Petroleum Co.Court of Appeals of Maryland · 1966
- Carroll v. Manganese Steel Safe Co.Court of Appeals of Maryland · 1909
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