Legal Opinion

Baxter v. Sewell

Court of Appeals of Maryland

Decided December 15, 1852PublishedCited by 6 opinions

Appeal from the Court of Chancery. Tbe bill in this case was filed by the appellee on the 20th. August 1849, and states, that Joshua Swan, of Baltimore county, deceased', was, in his lifetime, possessed of certain lands-in'said’ county, which, on the 22nd October 1819, he conveyed to his daughter Emily, now the wife of the appellant, James Baxter, in consideration of the natural love and affection which he bore his said daughter j. that before and at the time of said…

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Appeal from the Court of Chancery. Tbe bill in this case was filed by the appellee on the 20th. August 1849, and states, that Joshua Swan, of Baltimore county, deceased', was, in his lifetime, possessed of certain lands-in'said’ county, which, on the 22nd October 1819, he conveyed to his daughter Emily, now the wife of the appellant, James Baxter, in consideration of the natural love and affection which he bore his said daughter j. that before and at the time of said conveyance, made without proper and valid consideration, he was indebted, among others, to Charles S. Sewell and Matthew…

1Opinion of the CourtTuck, J.

The appellants’ solicitor has suggested no argument upon which the decree in this case should be disturbed. The law and the facts are so fully discussed by the chancellor, in his opinion, that we shall content ourselves with affirming the decree as to the first five points presented on the part of the appellants, for the reasons assigned by him. Upon the sixth point little need be said.

We do not think that Parlett, Buckingham and Moore are ¡to be treated as bona fide purchasers without notice of the title of the complainant’s testator. Swan had lived upon this proT perty from the conveyance…

2Cases cited1 opinion

  1. Baynard v. NorrisCourt of Appeals of Maryland · 1847

3Cited by6 opinions

  1. Goodman v. WinelandCourt of Appeals of Maryland · 1884
  2. Lacey v. Van RoyenCourt of Appeals of Maryland · 1970
  3. Grover & Baker Sewing Machine Co. v. RadcliffCourt of Appeals of Maryland · 1885
  4. Atkins v. AtkinsNebraska Supreme Court · 1885
  5. Diggs v. McCulloughCourt of Appeals of Maryland · 1889

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