Prather v. Prather
Court of Appeals of Maryland
Appeal from the equity side of Prince George’s County Court. On the 3rd September 1828, the appellant filed his bill, complaining, that some time before the 12th day of Septem'ber 1814, his father, JVathan Prather, departed this life, and by his last will and testament, appointed appellant’s brother, Walter Prather, his executor; that as such executor, he sold to appellant a certain female slave named JVell, for which appellant gave said Walter his single bill; that…
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Appeal from the equity side of Prince George’s County Court. On the 3rd September 1828, the appellant filed his bill, complaining, that some time before the 12th day of Septem'ber 1814, his father, JVathan Prather, departed this life, and by his last will and testament, appointed appellant’s brother, Walter Prather, his executor; that as such executor, he sold to appellant a certain female slave named JVell, for which appellant gave said Walter his single bill; that afterwards in 1814, appellant paid said Walter the amount of said purchase money with interest, as will appear by the receipt of…
1Opinion of the CourtArcher, J.
The defence of the appellant would have been clearly available at law, and if he has suffered a judgment by default to be entered against him, without a resort to such defence, a court of equity can furnish him no redress. We are furnished with no averment or evidence, that he was ignorant of his defence, on the contrary, from the very character of the defence; he must have known of the existence of those facts which constituted it: nor does it appear, that he was prevented from taking such defence, by fraud, accident, or the conduct of the opposite party. Without the occurrence of some one…
2Cited by5 opinions
- Kearney v. SascerCourt of Appeals of Maryland · 1873
- Windwart v. AllenCourt of Appeals of Maryland · 1859
- Groome v. LewisCourt of Appeals of Maryland · 1865
- Huston v. DittoCourt of Appeals of Maryland · 1863
- Hill v. ReifsniderCourt of Appeals of Maryland · 1877