Tiernan v. Poor
Court of Appeals of Maryland
Appeal from a decree of the Court of Chancery, dismissing a bill of the complainant, (now appellant.) Tbe original bill, filed on the 21st of February, 1822, stated that Dudley Poor, (one of the defendants,) being indebted to tbe complainant in the sum of $600, and desirous of securing the payment thereof, and the interest, in consideration thereof the said Poor, and Deborah his wife, (another of the defendants,) on the 28th of March, 1820, executed to the complainant a deed…
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Appeal from a decree of the Court of Chancery, dismissing a bill of the complainant, (now appellant.) Tbe original bill, filed on the 21st of February, 1822, stated that Dudley Poor, (one of the defendants,) being indebted to tbe complainant in the sum of $600, and desirous of securing the payment thereof, and the interest, in consideration thereof the said Poor, and Deborah his wife, (another of the defendants,) on the 28th of March, 1820, executed to the complainant a deed of mortgage, by which they conveyed to the complainant a lot of ground in the city of Baltimore, on the north side of…
1Opinion of the CourtArcher, J.
It will not be necessary in this case, to determine whether the defence of the defendant is partly an answer, and partly a plea in bar, or whether it is 'a plea in bar supported by an answer, or, if a plea, whether it is overruled by the answer. These questions not necessarily arising on the record; no replication has been filed, and the cause has been set down for hearing by agreement of counsel upon the proceedings in the case; if it be an answer, upon bill and answer, if a plea, then upon the bill and plea, in either case, all the facts set forth in the bill are admitted to be true, not by…
2Cited by13 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Carson v. PhelpsCourt of Appeals of Maryland · 1874
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Emerick v. CoakleyCourt of Appeals of Maryland · 1872
- Miller v. WilliamsonCourt of Appeals of Maryland · 1853
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