Legal Opinion

Purviance v. Glenn

Court of Appeals of Maryland

Decided December 15, 1855PublishedCited by 4 opinions

Appeal from the Court of Common Pleas for Baltimore city. This is an appeal from an order of the court below, sitting in insolvency, passed under the following circumstances: Bosley petitioned for the benefit of the insolvent laws and John Glenn was appointed his permanent trustee in March 1828. In July 1853 Glenn died, and in October of that year Purviance, the appellant, was appointed permanent trustee in his place, and shortly thereafter filed his petition in the court…

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Appeal from the Court of Common Pleas for Baltimore city. This is an appeal from an order of the court below, sitting in insolvency, passed under the following circumstances: Bosley petitioned for the benefit of the insolvent laws and John Glenn was appointed his permanent trustee in March 1828. In July 1853 Glenn died, and in October of that year Purviance, the appellant, was appointed permanent trustee in his place, and shortly thereafter filed his petition in the court below against .Glenn’s executors, in which he states substantially, that Glenn received large sums of money and property…

1Opinion of the CourtTuck, J.

We are of opinion that the petition of the appellant was properly dismissed, for the reason stated by the Court of Common Pleas.

It, is very clear, as shown by the appellant’s counsel, that *206the Court of Common Pleas has exclusive jurisdiction in the distribution of insolvents’ estates in the city of Baltimore, and that it may proceed in a summary way against trustees, under the circumstances mentioned in the acts of Assembly referred to on this point. But it does not follow, that these powers may be exerted against their executors or administrators for the purpose of compelling them to account…

2Cases cited3 opinions

  1. Alexander v. GhiselinCourt of Appeals of Maryland · 1847
  2. Carter v. DennisonCourt of Appeals of Maryland · 1848
  3. Bowie v. Jones ex rel. LinthicumCourt of Appeals of Maryland · 1843

3Cited by4 opinions

  1. Phelps v. StewartCourt of Appeals of Maryland · 1861
  2. Vogler v. RosenthalCourt of Appeals of Maryland · 1897
  3. D'Arcy v. Locust Point Co.Court of Appeals of Maryland · 1889
  4. Culbreth v. BanksCourt of Appeals of Maryland · 1898

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