Legal Opinion

County Commissioners v. Clarke

Court of Appeals of Maryland

Decided June 18, 1872PublishedCited by 18 opinions

Appeal from the Circuit Court for Prince George’s County. Oil a creditors’ bill filed in the Circuit Court for Prince George’s county, in equity, by Paulina A. Berry and others against Rachel M. Berry and others, a decree was passed on the 9th of November, 1865, for the sale of the real estate of John E. Berry, Sr., deceased, and Daniel Clarke and Alonzo Berry were appointed trustees to make sale of the same.

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Appeal from the Circuit Court for Prince George’s County. Oil a creditors’ bill filed in the Circuit Court for Prince George’s county, in equity, by Paulina A. Berry and others against Rachel M. Berry and others, a decree was passed on the 9th of November, 1865, for the sale of the real estate of John E. Berry, Sr., deceased, and Daniel Clarke and Alonzo Berry were appointed trustees to make sale of the same. On the 9th of November, 1867, certain portions of this estate •were sold by the trustees. On the 27th of May, 1868, an order of ratification nisi was passed; exceptions were filed to the…

1Opinion of the CourtBrent, J.

This case is an appeal from the Circuit Court for Prince George’s county, before which proceedings were taken under the Acts of 1867, ch. 186, and 1870, ch. 312, for the ratification of the sale of certain real estate, made by a collector of taxes. Several exceptions have been filed as reasons why the sale should not be ratified, but it is only with the first, second, third, fourth and eighth that we have to deal, as the rulings of the Court below upon the other exceptions were not adverse to, the appellants, and are therefore not before us upon this appeal.

The first and second exceptions are…

2Cases cited3 opinions

  1. Polk v. Rose ex rel. CinnamondCourt of Appeals of Maryland · 1866
  2. Beatty v. MasonCourt of Appeals of Maryland · 1869
  3. Johnson v. RobertsonCourt of Appeals of Maryland · 1869

3Cited by18 opinions

  1. In Re TylerSupreme Court of the United States · 1893
  2. Morris & Thombs v. St. Louis National BankSupreme Court of Colorado · 1892
  3. Hart v. SmithWisconsin Supreme Court · 1878
  4. Thompson v. HendersonCourt of Appeals of Maryland · 1928
  5. Trustees for the Support of Public Schools v. Inhabitants of TrentonSupreme Court of New Jersey · 1879

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