Legal Opinion

Hope v. Hutchins

Court of Appeals of Maryland

Decided June 15, 1837PublishedCited by 8 opinions

Appeal from Harford county court. This was an action of Replevin commenced on the 8lh day of May, 1833, brought by Thomas Hutchins against the appellant for the following negro slaves, to wit: Mary, Ann, Joshua, John. The slaves were replevied and delivered to the plaintiff as per the schedule returned with the writ in this cause. The case was submitted to the county court upon an agreement and statement of facts.

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Appeal from Harford county court. This was an action of Replevin commenced on the 8lh day of May, 1833, brought by Thomas Hutchins against the appellant for the following negro slaves, to wit: Mary, Ann, Joshua, John. The slaves were replevied and delivered to the plaintiff as per the schedule returned with the writ in this cause. The case was submitted to the county court upon an agreement and statement of facts. “ The defendant’s intestate, Hannah Hope, executed and delivered to the plaintiff, Thomas Hutchins, a bill of sale dated August 21, 1818, for and in consideration of the love and…

1Opinion of the Court

Stephen, Judge,

delivered the opinion .of the court.

We think that the judgment rendered by Harford county court in this case was correct, and ought to be affirmed. It is a rule of reason and justice, as well as a well settled doctrine of our jurisprudence, that in all cases of contracts, deeds, and wills, the. intention of the parties shall prevail, unless it violates or infringes some established principle of law. The language of the deed, upon the construction of which the controversy in this case arises, is, we think, too plain and explióit to admit of doubt or difficulty in ascertaining…

2Cited by8 opinions

  1. Adams v. BroughtonSupreme Court of Alabama · 1848
  2. Cox v. HillCourt of Appeals of Maryland · 1854
  3. Howard v. HobbsCourt of Appeals of Maryland · 1915
  4. Wilson v. WilsonCourt of Appeals of Maryland · 1872
  5. Packard v. Corporation for Relief of the Widows & Children of the Clergy of the Protestant Episcopal ChurchCourt of Appeals of Maryland · 1893

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