Chaney v. Smallwood
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 8th April 1839, Charles Smallwood and Henrietta, his wife, Joseph Smallwood and Matilda, his wife, filed their bill, alleging, that H. and M., whilst they were infants, and before their marriage, became entitled to sundry negroes, which came into the hands of Zephaniah Mitchell, the father of said H. and M.; that after his death, in the year 1820, his widow, Providence Mitchell, was duly appointed guardian to H. and M., and as such,…
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Appeal from the Court of Chancery. On the 8th April 1839, Charles Smallwood and Henrietta, his wife, Joseph Smallwood and Matilda, his wife, filed their bill, alleging, that H. and M., whilst they were infants, and before their marriage, became entitled to sundry negroes, which came into the hands of Zephaniah Mitchell, the father of said H. and M.; that after his death, in the year 1820, his widow, Providence Mitchell, was duly appointed guardian to H. and M., and as such, took possession of the said negroes; that in the year 1828, P. intermarried with Levi Chaney, who, in virtue of his…
1Opinion of the CourtSpence, J.
Of the questions raised in this- cause, the first of which we shall attempt to dispose of, is that of jurisdiction.
This court, in Drury vs. Conner, 1 Har. & Gill, 220, decided that “whoever enters upon the estate of an infant is considered in equity as entering as guardian for such infants, and after the infant comes of age he may, by bill in chancery, recover the rents and profits. And if a person so entering shall continue the possession after the infant comes of age, chancery will decree an- account against him as guardian, and carry on such account after the infancy is determined.” And…
2Cited by5 opinions
- Simpson v. DuggerSupreme Court of Virginia · 1892
- Ela v. ElaMassachusetts Supreme Judicial Court · 1893
- Hopkins v. ErskineSupreme Judicial Court of Maine · 1919
- Pfeltz v. PfeltzCourt of Appeals of Maryland · 1859
- Thornton v. GilmanSupreme Court of New Hampshire · 1892