Legal Opinion

State ex rel. Barnard v. Gott

Court of Appeals of Maryland

Decided March 8, 1876PublishedCited by 9 opinions

Appeal from the Superior Court of Baltimore City. In this action on the bond of William H. H. Adkisson, as trustee under a decree in the case of Barnard, et al. vs. Barnard, et al., in the Circuit Court of Baltimore City, the appellee, the surety in the bond, alone pleaded. There was no dispute as to the facts in the case. Prayers were offered on both sides, but their insertion is deemed unnecessary.

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Appeal from the Superior Court of Baltimore City. In this action on the bond of William H. H. Adkisson, as trustee under a decree in the case of Barnard, et al. vs. Barnard, et al., in the Circuit Court of Baltimore City, the appellee, the surety in the bond, alone pleaded. There was no dispute as to the facts in the case. Prayers were offered on both sides, but their insertion is deemed unnecessary. A verdict was rendered for the defendant, Jackson O. G-ott, and judgment was entered thereon. A judgment by confession was entered against William H. H. Adkisson. The plaintiff prosecuted this…

1Opinion of the CourtBrent, J.

This suit is brought upon the trustee’s bond of Adkisson, who had been appointed trustee by the Circuit Court of Baltimore City, to sell certain leasehold property, of which Mrs. Susan J. Barnard, of Allegany County, had died possessed, and to which her children were entitled in remainder.

The bond given by Adkisson is also signed by Jackson C. Gott, the appellee. The question has been argued as to whether Gott, in this suit, is to be regarded as a security only, and is to have extended to him the rules of law applicable to parties standing in that capacity. That he is security upon the bond…

2Cited by9 opinions

  1. Lanasa v. BeggsCourt of Appeals of Maryland · 1930
  2. Murphy v. PennimanCourt of Appeals of Maryland · 1907
  3. Ingersoll v. MartinCourt of Appeals of Maryland · 1882
  4. Valley Savings Bank v. MercerCourt of Appeals of Maryland · 1903
  5. Roe v. Citizens National BankCourt of Special Appeals of Maryland · 1976

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