Phelps v. Stewart
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Anne Arundel county. This bill was filed on the 4th of June 1849, in the court of ■chancery, by the appellee, as permanent trustee of Ebenezer T. Phelps, an insolvent debtor, against the appellants, the other six heirs of James Phelps, deceased, for the partition of the real estate of said James, consisting of about seven hundred acres of land, lying in Anne Arundel county, alleging that it was for the common interest that…
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Appeal from the Equity Side of the Circuit Court for Anne Arundel county. This bill was filed on the 4th of June 1849, in the court of ■chancery, by the appellee, as permanent trustee of Ebenezer T. Phelps, an insolvent debtor, against the appellants, the other six heirs of James Phelps, deceased, for the partition of the real estate of said James, consisting of about seven hundred acres of land, lying in Anne Arundel county, alleging that it was for the common interest that the land should be sold, or if it should be proved susceptible of division, that it ought to be divided, and the…
1Opinion of the Court 1
Tuck, S.,
delivered the opinion of this court.
We do not think that the appellants have assigned sufficient reason for reversing the order of the 3Jst of January 1859, dismissing this petition.
When the papers in a cause are transmitted from the chancery office to a circuit court, sitting in equity, under the Acts of 1854, ch. 149, and 1856, eh. 132, it must be proceeded in as if it liad not been removed. This was the rule applicable to cases removed from the county courts to the court of chancery, and the same reason applies here. Brown vs. Gilmor, 8 Md. Rep., 322. Dugan vs. Hollins, 11 Md.…
Also in this document: Opinion of the Court · Bartol.
2Cases cited12 opinions
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Snowden v. DorseyCourt of Appeals of Maryland · 1823
- Brown v. Gilmor's Exc'rsCourt of Appeals of Maryland · 1855
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