Turton v. Turton
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince Georges county. Assumpsit by the appellee against the appellants, for money bad and received by the latter for the use of the former. Plea, non assumpsit.
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Appeal from the Circuit Court for Prince Georges county. Assumpsit by the appellee against the appellants, for money bad and received by the latter for the use of the former. Plea, non assumpsit. The case was submitted to the court below on a statement of facts, in substance as follows: The plaintiff was the wife of Richard W. Turton, the -defendant’s testator, and with her husband was domiciled an Maryland, and was one of the legal representatives and heks at law’ of the late Joseph Fowler, Jr., of the city of New’ Orleans, who died intestate on the 22nd of August 1850, leaving a very large…
1Opinion of the CourtMason, J.
Without remarking upon a fundamental question in this case, viz., the right of the plaintiff to enforce her alleged claim in an action at law, we will proceed to consider the principal issue involved in this controversy, which is the right of the plaintiff, by survivorship, or otherwise, to claim her distributive share of the estate of the late Joseph Fowler, of Louisiana, as against the legal representatives of her deceased husband.
The case rests upon the concession that the payment of this distributive share to Messrs. Dufieff and Fowler, as agents, by the representatives of Fowler, from…
2Cited by9 opinions
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Farmers & Merchants' National Bank v. JenkinsCourt of Appeals of Maryland · 1886
- Smith v. McAteeCourt of Appeals of Maryland · 1867
- Bayne v. State ex rel. EdelenCourt of Appeals of Maryland · 1884
- Jones v. StateCourt of Appeals of Maryland · 1912
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