Bennett v. Bennett
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 22d July, 1841, John Bennett, Thomas Hodges and Matilda Jinn, his wife, filed their bill against H. W. Cooley and Edney W., his wife, of this State, and John William, JVlatilda Jinn, and Mary Elizabeth Rickets, of the State of Ohio.
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Appeal from the Court of Chancery. On the 22d July, 1841, John Bennett, Thomas Hodges and Matilda Jinn, his wife, filed their bill against H. W. Cooley and Edney W., his wife, of this State, and John William, JVlatilda Jinn, and Mary Elizabeth Rickets, of the State of Ohio. The bill alleged, that William Bennett died seized of certain real estate in Montgomery and Frederick counties, in this State, leaving the complainants and defendants his heirs at law, the heirs in Ohio being infants. It alleged that the estate was susceptible of partition; and that if it could not be divided with…
1Opinion of the CourtMaGruder, J.
To the appeal which was taken in this case it is objected that it was not prayed in time.
The decree certainly bears date more than nine months before the appeal was prayed. But it appears that before the expiration of the term during which it was passed, the Chancellor passed an order thereby directing that the decree be set aside and annulled, unless cause to the contrary be shown during the first four days of the succeeding term. Afterwards he dismissed the petition, which induced a suspension of the *467decree, and on the same day the appeal was entered. While the decree was suspended by the…
2Cited by8 opinions
- Hanley v. StulmanCourt of Appeals of Maryland · 1958
- Hancock v. StullCourt of Appeals of Maryland · 1952
- Jacobs v. BealmearCourt of Appeals of Maryland · 1875
- Monumental Engineering, Inc. v. SimonCourt of Appeals of Maryland · 1960
- Hess v. ChalmersCourt of Special Appeals of Maryland · 1975
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