Glenn v. Clapp
Court of Appeals of Maryland
App-eaii from the ¡equity side of Baltimore County ¡Court. On the 21st March 1832, Thomas Morris and William Egerton exhibited their bill of -complaint, suggesting that a .certain Michael Dorsey being indebted to them on the 5th November 1831, in the sum of .$312.90, to secure the same., .executed a mortgage of .certain .property in the .city .of Baltiímore; that two days before the .execution «of .said -mortgage, 1. That a bill was pending to vacate the deed and decree,…
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App-eaii from the ¡equity side of Baltimore County ¡Court. On the 21st March 1832, Thomas Morris and William Egerton exhibited their bill of -complaint, suggesting that a .certain Michael Dorsey being indebted to them on the 5th November 1831, in the sum of .$312.90, to secure the same., .executed a mortgage of .certain .property in the .city .of Baltiímore; that two days before the .execution «of .said -mortgage, 1. That a bill was pending to vacate the deed and decree, Under which said sale took place, when the same was made.' 2. - Because the price paid for the property did not exceed'…
1Opinion of the CourtChambers, J.
It is a clear proposition, that a suit in equity abates by the death of any of the parties materially interested. The books of practice also inform us, that the insolvency or bankruptcy of a plaintiff or defendant, renders the suit so far defective, *6that the 'trustee, or assignee, must be brought before the court.
That Morris and Egerton, the-’complainants in the bill, died before the sale by- the trustee, is-sespressly alleged in the peti-tion filed by the appellant;' wbetf'tlfe-defendants died, is not! stated by the petition, although it states the fact of their death. - There is nothing in…
2Cited by37 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Bolgiano v. CookeCourt of Appeals of Maryland · 1863
- Shirk v. SoperCourt of Appeals of Maryland · 1923
- Waters v. PrettymanCourt of Appeals of Maryland · 1933
- Columbia Paper Bag Co. v. CarrCourt of Appeals of Maryland · 1911
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