Legal Opinion

Hertle v. Schwartze

Court of Appeals of Maryland

Decided December 15, 1852PublishedCited by 12 opinions

Appeal from the Court of Chancery. The bill in this case was filed by the appellants, on the 30th of August 1845, and alleges, that Wm.

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Appeal from the Court of Chancery. The bill in this case was filed by the appellants, on the 30th of August 1845, and alleges, that Wm. Gibbons, the father of the female complainant, in November 1809, purchased of one Robert Corry a lot of ground in the city of Baltimore, for which he gave his two promissory notes, each for $1000, dated the 25th of that month, and payable, respectively, in six and twelve months from date, and took from Corry a bond of conveyance for the property, a copy of which is exhibited with the bill. That Schwartze and Wm. McDonald, (the testator of the appellee,…

1Opinion of the CourtMason, J.

The facts and circumstances of this case are fully and explicitly set out by the chancellor in his opinion. We have examined that opinion attentively, and while we do not deem it necessary to affirm all its legal propositions, yet we can find no reasons for reversing the decree which is based upon it.

We concur with the chancellor, that the plea of limitations is a conclusive bar to a recovery in the present case.

In addition to his views we will remark, that there can be no valid reason assigned why the legal representatives of Gibbons could not have recovered this money, if any had been due,…

2Cases cited1 opinion

  1. Dugan v. GittingsCourt of Appeals of Maryland · 1845

3Cited by12 opinions

  1. Piselli v. 75th Street MedicalCourt of Appeals of Maryland · 2002
  2. Kernan v. CarterCourt of Appeals of Maryland · 1918
  3. Kaliopulus v. LummCourt of Appeals of Maryland · 1928
  4. In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870
  5. Wickes v. WickesCourt of Appeals of Maryland · 1904

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