Kemp's Ex'x. v. M'Pherson
Court of Appeals of Maryland
Appeal from a decree of Frederick County Court, sitting as a Court of Equity. The bill, filed on the 7th of November 1816, in the name of Dorothy Kemp, executrix of Frederick Kemp, against Jacob Staley, John AFP her son and Gilbert Kemp, (the appellees,) stated that Joseph Staley, deceased, in his lifetime, being seized in fee of certain tracts of land lying in Frederick county, called Foxe’s Spy and The Resurvey on Low Jlemper, by his will dated the 4th of February 1808,…
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Appeal from a decree of Frederick County Court, sitting as a Court of Equity. The bill, filed on the 7th of November 1816, in the name of Dorothy Kemp, executrix of Frederick Kemp, against Jacob Staley, John AFP her son and Gilbert Kemp, (the appellees,) stated that Joseph Staley, deceased, in his lifetime, being seized in fee of certain tracts of land lying in Frederick county, called Foxe’s Spy and The Resurvey on Low Jlemper, by his will dated the 4th of February 1808, devised, among other things, as follows: ciI give and devise unto my son Jacob Staley, the plantation whereon I now dwell,…
1Opinion of the CourtMartin, J.
Joseph Staley by his last will and, testament, among other things, devised his dwelling plantation to his son Jacob, charged with the payment of ¿£2,000, in legacies to ten of his children. Jacob sold this land to Frederick Kemp for ¿£2,700, and executed a deed to him for the same. Part of the purchase money was paid at the time of the deed, and bonds were given for the residue. Some of those bonds were paid by Kemp to Staley, and three of them were sold and assigned by Staley to M'Pherson, and one to Mrs. Bierly. One of the bonds assigned to M‘Pherson was paid by Kemp when it became due, and…
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