Beall v. Hilliary
Court of Appeals of Maryland
This is an appeal, from a decree of Allegany county court sitting as a court of equity, in favour of the complainant, and directing the defendant, who was co-executor with the complainant,of one B. Tomlinson, to pay over to the complainant a sum of money, supposed to be due from the defendant, to the estate of the testator. The record is very large, and many questions were argued by the counsel.
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This is an appeal, from a decree of Allegany county court sitting as a court of equity, in favour of the complainant, and directing the defendant, who was co-executor with the complainant,of one B. Tomlinson, to pay over to the complainant a sum of money, supposed to be due from the defendant, to the estate of the testator. The record is very large, and many questions were argued by the counsel. As however the court decided that the suit could not be sustained, nothing will be here said of the other points, which were elaborately argued. The single question then is, can one executor sue in…
1Opinion of the CourtEccleston, J.
The parties were executors of B. Tomlinson, deceased, and this suit was instituted for the purpose of compelling the appellant to account for, and to pay over to the appellee or into court, certain claims alleged to be due by the appellant to the testator. The appellant denies that he is indebted. And the first question presented in argument is, whether such a suit can be sustained; assuming, that at the decease of the testator, the appellant was indebted to him in the manner set forth in the original and supplemental bills.
It was long since the settled doctrine in England, that if a creditor…
2Cases cited1 opinion
- Edmonds v. CrenshawSupreme Court of the United States · 1840
3Cited by8 opinions
- Linthicum v. PolkCourt of Appeals of Maryland · 1901
- Watkins v. RivesCourt of Appeals for the D.C. Circuit · 1941
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Flaks v. FlaksCourt of Appeals of Maryland · 1938
- Sloan v. SloanCourt of Appeals of Maryland · 1912
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