Ashton v. Ashton
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. The bill of complaint in this case filed by Sarah Street, and others, appellees, against the appellant and the other appellee, William Ashton, charged that Richard Ashton died on or about the 1st of November, 1854, possessed of a large real and personal estate, and by his last will which was admitted to probate on the 14th of November, 1854, after devising certain real estate to his son John, devised and bequeathed…
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Appeal from the Circuit Court for Howard County, in Equity. The bill of complaint in this case filed by Sarah Street, and others, appellees, against the appellant and the other appellee, William Ashton, charged that Richard Ashton died on or about the 1st of November, 1854, possessed of a large real and personal estate, and by his last will which was admitted to probate on the 14th of November, 1854, after devising certain real estate to his son John, devised and bequeathed one-half of the residue of his real estate and all of his personal estate to his son William Ashton, during his natural…
1Opinion of the CourtBrent, J.
A motion has been made to dismiss the appeal in this case, upon the ground that it was taken after the time limited by law for appeals in equity.
The decree in the case was passed on the 23d day of November, 1855, and the appeal was taken on the 10th day of February, 1870. At this latter date the appellant, a few months after his arrival at age, filed under oath his petition for an appeal, alleging that the decree ■“ was obtained by surprise and fraud which have only come to his knowledge since the 28th day of December, 1869.” The proceedings in the case had been taken against him during his…
2Cited by5 opinions
- Young v. OmohundroCourt of Appeals of Maryland · 1888
- Estep v. MackeyCourt of Appeals of Maryland · 1879
- Bauer v. HarmanCourt of Appeals of Maryland · 1931
- Equitable Ice Co. v. MooreCourt of Appeals of Maryland · 1915
- Street v. StubblefieldCourt of Appeals for the D.C. Circuit · 1927