Herbert v. Rowles
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. The bill in this case was filed on the 3d day of February, 1863, by the appellee.
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Appeal from the Circuit Court for Howard County, in Equity. The bill in this case was filed on the 3d day of February, 1863, by the appellee. It set forth that Rowles contracted to buy a tract of land from Herbert, at $51.75 per acre, on the 4th of April, 1856; that the tract was believed and represented to contain 244J acres; and that on that assumption the price was calculated at $12,652.88; that Rowles received a deed from Herbert, on the 3d day of October, 1856, having then paid all the purchase money except $ 2,826, for which latter amount he gave a mortgage of even date with the deed,…
1Opinion of the CourtRobiNSON, J.
As a general rule, it is true that a decree once enrolled cannot be opened, except by a bill of review, or by an original bill for fraud. To this rule, however, there are well founded exceptions, arising in cases not heard upon the merits, and in which it is alleged that the decree was entered by mistake or surprise, or under such circumstances as shall satisfy the Court in the exercise of a sound discretion, that the enrolment ought to be discharged and the decree set aside. These exceptions are supported not only by the soundest reason, but by the highest authority. The decree in such cases…
2Cases cited3 opinions
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Burch v. ScottCourt of Appeals of Maryland · 1829
- Oliver v. Palmer & HamiltonCourt of Appeals of Maryland · 1840
3Cited by23 opinions
- Brown v. StateCourt of Appeals of Maryland · 1965
- Lovell v. LovellMassachusetts Supreme Judicial Court · 1931
- Saltzgaver v. SaltzgaverCourt of Appeals of Maryland · 1944
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1929
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
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