Gibson v. McCormick
Court of Appeals of Maryland
Appeal from tbe Court of Chancery. On the 19th January, 1824, James McCormick, Junior, filed his bill in the court of Chancery, alleging that Jacob G-ibson, late of Talbot county, deceased, being in his life-time seized and possessed of a very large estate, both real and personal, and being indebted unto the president, directors and company of the Farmers’ Bank of Maryland, in the sum of $13,720, to secure the same on the 25th May, 1813, duly executed to them a mortgage “ of…
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Appeal from tbe Court of Chancery. On the 19th January, 1824, James McCormick, Junior, filed his bill in the court of Chancery, alleging that Jacob G-ibson, late of Talbot county, deceased, being in his life-time seized and possessed of a very large estate, both real and personal, and being indebted unto the president, directors and company of the Farmers’ Bank of Maryland, in the sum of $13,720, to secure the same on the 25th May, 1813, duly executed to them a mortgage “ of all and singular those lands and tenements and premises whereon the said Jacob Gibson then resided, being parts or…
1Opinion of the CourtDorsey, Judge
An objection was taken in the course of the argument in this case, to the form of the complainant’s bill; and inasmuch as it does not provide for the coming in of the other creditors of Jacob'Gibson, and participating in the burdens and benefits of the suit, that it is not to be regarded in the nature of a- creditor’s' bill, under the act of assembly of 1785, ch. 72. .'
But this objection, we think, cannot be sustained; such a bill is not of unfrequent occurrence in the records of the equity courts of Maryland, in which it has always been treated as a creditor’s bill, in the decree founded…
2Cases cited1 opinion
- Elliott v. PellNew York Court of Chancery · 1828
3Cited by13 opinions
- Cecil v. CecilCourt of Appeals of Maryland · 1862
- Ward v. NewboldCourt of Appeals of Maryland · 1911
- Van Bibber v. ReeseCourt of Appeals of Maryland · 1889
- Duttera v. BabylonCourt of Appeals of Maryland · 1896
- Blum v. BlumCourt of Special Appeals of Maryland · 1984
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