Dement v. Stonestreet
Court of Appeals of Maryland
Upon appeal from Charles county court. This suit was instituted August 1st 1846. The declaration contained two counts. The first alleged an accounting together, and the second count was for money had and received. Pleas, non assumpsit, actio non accrevit infra tres annos, and other pleas, of which no notice could be taken in the argument or decision of the case. Issues were joined upon all the pleas, and a verdict was rendered for the plaintiff.
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Upon appeal from Charles county court. This suit was instituted August 1st 1846. The declaration contained two counts. The first alleged an accounting together, and the second count was for money had and received. Pleas, non assumpsit, actio non accrevit infra tres annos, and other pleas, of which no notice could be taken in the argument or decision of the case. Issues were joined upon all the pleas, and a verdict was rendered for the plaintiff. Exceptions were taken by the defendants, and whether there was error in either of the opinions which they bring to this court, is now to be…
1Opinion of the CourtEccleston, J.
J. Noble Stonestreet died intestate, seized of real and personal estate, leaving three children, the testatrix of the appellee being one of them.
Evidence was given for the purpose of sustaining the plaintiff’s claim, under the insimul computasset count. The defendants, (the appellants,) then offered to prove, that in 1832, Nicholas Stonestreet was appointed administrator of J. N. Stonestreet, and died in 1838. That in September 1833, the said N. Stonestreet entered into a contract with the defendants’ testator, agreeing to sell him the farm of the late J. N. Stonestreet. That part of the…
2Cases cited1 opinion
- Trasher v. EverhartCourt of Appeals of Maryland · 1831
3Cited by6 opinions
- Nicholson v. StateCourt of Appeals of Maryland · 1873
- Haney v. MarshallCourt of Appeals of Maryland · 1856
- Spencer v. TraffordCourt of Appeals of Maryland · 1875
- Brown v. StateCourt of Special Appeals of Maryland · 1970
- Funk's Lessee v. KincaidCourt of Appeals of Maryland · 1853
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