Farrell v. Bean
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Charles county. The bill in this case was tiled by the appellant against the appellee, to compel the delivery of a negro boy to the complainant, whom the bill alleges she had mortgaged to the defendant, on payment of the mortgage debt. The defence was that the boy was sold and delivered to the defendant by an absolute sale.
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Appeal from the Equity Side of the Circuit Court for Charles county. The bill in this case was tiled by the appellant against the appellee, to compel the delivery of a negro boy to the complainant, whom the bill alleges she had mortgaged to the defendant, on payment of the mortgage debt. The defence was that the boy was sold and delivered to the defendant by an absolute sale. The allegations of the bill and answer, and all the proof in the case, are fully stated in the opinion of this court. The court below, (Crain, passed a decree dismissing the bill, from which the complainant appealed.
1Opinion of the CourtEccleston, J.
The bill in this case was filed in September 1852, by the appellant against the appellee, it alleges that, the former was indebted to the latter, in 1846, in the sum of $151, the indebtedness consisting of $50 cash lent, and a judgment for $101, due to Bean by a certain Smith Turner, which the complainant had agreed to pay; that being so indebted she agreed with Bean to give him a lien therefor upon a negro boy of her’s, she delivering possession of the boy, but retaining the right to redeem him by the payment, of the said sum of $151, when able to do so, or when demanded in a reasonable…
2Cases cited5 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Henderson v. MayhewCourt of Appeals of Maryland · 1844
- Watkins v. Stockett's Adm'rCourt of Appeals of Maryland · 1825
- Harwood v. JonesCourt of Appeals of Maryland · 1839
- Dougherty v. McColganCourt of Appeals of Maryland · 1834
3Cited by13 opinions
- Rocks v. BrosiusCourt of Appeals of Maryland · 1966
- Triebert v. BurgessCourt of Appeals of Maryland · 1857
- Lawson v. MullinixCourt of Appeals of Maryland · 1906
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Caplan v. BucknerCourt of Appeals of Maryland · 1914
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