Hagthorp v. Neale
Court of Appeals of Maryland
Appeal from Chancery. See 1 Gill and John 270, where this case will be found to hare been reported, and the appeal dismissed, as prematurely taken. The present hill was filed hy the appellee, as administrator de bonis non of Anthony Hook, on the 15th of December 1830, against the appellants, the administrators of John Hook and others, purchasers from him, or his representatives.
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Appeal from Chancery. See 1 Gill and John 270, where this case will be found to hare been reported, and the appeal dismissed, as prematurely taken. The present hill was filed hy the appellee, as administrator de bonis non of Anthony Hook, on the 15th of December 1830, against the appellants, the administrators of John Hook and others, purchasers from him, or his representatives. The object of the bill was, to obtain of the defendants an account of, and payment for certain leasehold and personal estate, which had been conveyed by Anthony to John Hook his son, hy deed, dated the 17th of August…
1Opinion of the Court
Ancher Judge,
delivered the opinion of the court.
From the most deliberate examination which we have been enabled to give the proceedings in this cause, we have brought our minds to the conclusion, that the deed of August 1797, is neither a mortgage, nor an instrument of writing which from its nature or character combined with all the circumstances attending it, can be considered as throwing upon the grantee any of the duties of a trustee.
Jt is in our view, a deed upon condition, that the grantee would pay certain specified debts.
In this point of view the estate was cast upon John Hook, and…
2Cited by3 opinions
- Stronach v. StronachWisconsin Supreme Court · 1865
- Neale v. HagthropHigh Court of Chancery of Maryland · 1826
- Wilson v. ArrickDistrict of Columbia Court of Appeals · 1879