Legal Opinion

Allender v. Vestry of Trinity Church

Court of Appeals of Maryland

Decided June 15, 1845PublishedCited by 8 opinions

Appeal from the equity side of Baltimore county court. The bill in this cause was filed on the 20th September 1837, by the appellants and others, who claimed as creditors for money paid, laid out and expended, in and about the erecting of a church in the city of Baltimore.

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Appeal from the equity side of Baltimore county court. The bill in this cause was filed on the 20th September 1837, by the appellants and others, who claimed as creditors for money paid, laid out and expended, in and about the erecting of a church in the city of Baltimore. It appeared that on the 20th May 1807, William, Goodwin conveyed to William Slater and others, two lots of ground in Baltimore, on which said lots the Trinity church, ifcc. hath been lately erected, in trust; that the grantees, (of whom, the appellants father and testator was one,) “upon being reimbursed and paid, all and…

1Opinion of the CourtDorsey, J.

The claim sought to be recovered by the appellants, by the institution of the proceedings before us, has been resisted on various grounds; but the defences mainly relied on in this court, are the three following:

1st. The statute of limitations.

2dly. The staleness of the' claim, from the length of time that the appellants have slept upon their rights; and

3dly. The absence of the necessary proofs to establish the same.

To determine on the sufficiency of the plea of limitations, as a bar to such a claim, it is necessary first, to ascertain the nature *169of the claim, and before what tribunal its…

2Cited by8 opinions

  1. Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
  2. Blum v. StateCourt of Appeals of Maryland · 1902
  3. Stewart v. StewartCourt of Appeals of Maryland · 1907
  4. Dennis v. DennisCourt of Appeals of Maryland · 1860
  5. Lee v. TingesCourt of Appeals of Maryland · 1854

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