Warfield v. Warfield
Court of Appeals of Maryland
Appear.from the Court of Chancery., It appears by the record that at September term 18.13,. the seven children of Doctor C. A. Warfield, by their petition to the chancellor, , , ’ prayed that a commission might issue to divide, them the real estate of the deceased. The petition stated * the death of Doctor Warfield, and that the petitioners.were his heirs.
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Appear.from the Court of Chancery., It appears by the record that at September term 18.13,. the seven children of Doctor C. A. Warfield, by their petition to the chancellor, , , ’ prayed that a commission might issue to divide, them the real estate of the deceased. The petition stated * the death of Doctor Warfield, and that the petitioners.were his heirs. On the same day the chancellor passed a decree for dividing the lands into seven equal parts; that is, among all the children, and a commission issued accordih-gly. Afterwards a letter from the commissioners t Kilty, Chancellor, (December…
1Opinion of the Court
The Court-
at this term, being of opinion- that there-was. manifest error in the- decree of the chancellor in re-fusing to allow the defendant-,, /X R. Warfield, to amend, his answer agreeably to the-prayer of his petition filed in the cause for that purpose, and that he-was entitled to make.his election in the manner set fprth. in his petition—Decreed, that the decree of the chancellor be reversed, with. costs; and that-the partition in the proceedings .mentioned be and remain unaltered, and that;the. chancellor, pass an order giving leave to the, said II. R. Warfield to amend his answer,…
2Cited by6 opinions
- Clark v. WillsonCourt of Appeals of Maryland · 1867
- Hayden v. BurchCourt of Appeals of Maryland · 1850
- Safe Deposit & Trust Co. v. BakerCourt of Appeals of Maryland · 1900
- Turner v. KellySupreme Court of Alabama · 1880
- Chase's CaseHigh Court of Chancery of Maryland · 1826
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