Hawkins v. Chapman
Court of Appeals of Maryland
Appeal from the Equity side of the Circuit Court for Charles County. A statement of the case will be found in the opinion of the. Court. During the progress of the cause, it was referred to ■the auditor .of the Court to state accounts between the parties; .accounts were accordingly stated and reported to the Court.
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Appeal from the Equity side of the Circuit Court for Charles County. A statement of the case will be found in the opinion of the. Court. During the progress of the cause, it was referred to ■the auditor .of the Court to state accounts between the parties; .accounts were accordingly stated and reported to the Court. To these accounts the respondents excepted, alleging insufficiency of proof to sustain the claims of the complainant and pleading limitations and lapse of time as a bar to their recovery. 'There was. also a special exception to the bill for want of proper parties complainant,…
1Opinion of the CourtBowie, J.
The counsel of the parties to this cause, in their briefs and arguments concede, that the main questions presented by the record are,
1st. Whether there are proper parties, which necessarily involves the true construction of the instrument sought to be enforced as a deed of trust.
2d. Whether the 'claims set out in the deed are barred by laches and lapse of time ?
The original bill was filed in the County Court of Charles county, as a Court of Equity on the 1st of March, 1827, by Francis W. Hawkins, as trustee, for William • Hamilton and Edward Hamilton, executor of Edward, against Elizabeth *92Chap…
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