Green v. Drummond
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City, sitting in Equity. The bill in this case filed by the appellant alleged that on the 15th day of June, 1865, Benjamin Silver, James Silver, and Silas B. Silver, executors of Susan Pannell, of Harford county, deceased, sold by public auction to Kimberly Brothers, for the sum of $16,000, certain real estate; and that the said Kimberly Brothers “ agreed to relinquish their rights as purchasers under said sale in favor of Levin J.…
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Appeal from tbe Superior Court of Baltimore City, sitting in Equity. The bill in this case filed by the appellant alleged that on the 15th day of June, 1865, Benjamin Silver, James Silver, and Silas B. Silver, executors of Susan Pannell, of Harford county, deceased, sold by public auction to Kimberly Brothers, for the sum of $16,000, certain real estate; and that the said Kimberly Brothers “ agreed to relinquish their rights as purchasers under said sale in favor of Levin J. Drummond, whereupon Cornelius Green and the said Drummond agreed to become jointly the purchasers of said property,…
1Opinion of the CourtBartol, C. J.
There can be no doubt that the alleged agreement between Green, the appellant, and Levin J. Drummond, as set out in the bill of complaint, was an agreement within the 4th section of the Statute of Frauds.
The allegation in the bill is, “ that Green and Drummond agreed to become jointly the purchasers of the property, each party to furnish one-half of the purchase-*79money, and to hold the same in undivided moieties.”' The purchase was made in the name of Drummond alone, who was reported by the executors as the sole purchaser, and -the sale was ratified as made to him. Green being no party to the…
2Cases cited8 opinions
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Rogers v. MurrayNew York Court of Chancery · 1831
- Bowie v. StonestreetCourt of Appeals of Maryland · 1854
- Dorsey v. ClarkeCourt of Appeals of Maryland · 1819
- Hollida v. ShoopCourt of Appeals of Maryland · 1853
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3Cited by25 opinions
- Boehm v. BoehmCourt of Appeals of Maryland · 1943
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- Morgart v. SmouseCourt of Appeals of Maryland · 1906
- Shipley v. FinkCourt of Appeals of Maryland · 1905
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