Brumbaugh v. State ex rel. Schleigh
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The case is stated in the opinion of this Court. The ■suit was instituted on the 10th of June, 1818, and was submitted to the Court below without the intervention of a jury. The Court, (Motter and Pearre, J.,) being of opinion that upon the facts, admissions and agreements the plaintiff was entitled to recover, rendered judgment in his favor for $44.51. The defendant appealed.
1Opinion of the CourtMiller, J.
In this case suit was brought against the surety on a bond given by a trustee appointed under a decree for the sale of real estate, to recover a small sum of money ■audited to the equitable plaintiff out of the proceeds of sale. The facts necessary to be stated are substantially as follows:
Samuel Spickler died in 1838, leaving a will by which, •among other devises and bequests, he devised to his son Jacob, a farm in fee, but subject to certain charges thereon in favor of other parties. The will is set out at length *644in the report of the case of Cunningham and Wife vs. Spickler, et al., 4 Gill,…
2Cases cited5 opinions
- Downin v. SprecherCourt of Appeals of Maryland · 1872
- Thruston v. BlackistonCourt of Appeals of Maryland · 1872
- Byrd v. State ex rel. StewartCourt of Appeals of Maryland · 1876
- Holthaus v. NicholasCourt of Appeals of Maryland · 1874
- Cunningham v. SpicklerCourt of Appeals of Maryland · 1846
3Cited by2 opinions
- Conroy v. Southern Maryland Agricultural Ass'nCourt of Appeals of Maryland · 1934
- Surratt v. State Ex Rel. BollingerCourt of Appeals of Maryland · 1934