Kinnear v. Lee
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. On the 9th of October, 1858, execution was issued on a magistrate’s judgment in Baltimore city, under which certain real estate was sold to the appellants Kinnear & Willis, the former of whom was the judgment creditor. The sale was duly reported to the magistrate, by whom a return of the proceedings was made to the Superior Court of Baltimore city for ratification.
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Appeal from the Superior Court of Baltimore City. On the 9th of October, 1858, execution was issued on a magistrate’s judgment in Baltimore city, under which certain real estate was sold to the appellants Kinnear & Willis, the former of whom was the judgment creditor. The sale was duly reported to the magistrate, by whom a return of the proceedings was made to the Superior Court of Baltimore city for ratification. Patrick Lee filed his exceptions to the sale, in the Superior Court of Baltimore city, to which an answer was filed by Kinnear, and a commission was issued, under which testimony…
1Opinion of the CourtMiller, J.
In exercising the power of confirming or vacating sales of real estate, on executions upon magistrates’ judgments conferred by the Act of 1831, cli. 290, the Courts do not proceed according to the forms of the common law, or under their usual and general jurisdiction, but in the exercise of a special statutory authority, to be strictly followed, and from their judgments in such cases no appeal is provided. If, therefore, the order appealed from in this case had simply vacated the sale, this Court would have no jurisdiction to review it. But where an inferior Court assumes jurisdiction, or…
2Cases cited1 opinion
- Bell v. JonesCourt of Appeals of Maryland · 1856
3Cited by11 opinions
- Close v. Southern Maryland Agricultural Ass'nCourt of Appeals of Maryland · 1919
- Scherr v. BraunCourt of Appeals of Maryland · 1957
- Austin v. Director of Patuxent InstitutionCourt of Appeals of Maryland · 1967
- Herzberg v. AdamsCourt of Appeals of Maryland · 1874
- Stephens v. M. C. of CrisfieldCourt of Appeals of Maryland · 1914
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