Legal Opinion

Alexander v. Ghiselin

Court of Appeals of Maryland

Decided December 15, 1847PublishedCited by 55 opinions

Appeal from the equity side of Prince George’s County Court. The appeal in this case is from an order passed on consideration of bill and answers, dissolving an injunction, which had been granted on the bill, to stay a sale of negroes, under executions issued out of that court, on judgments recovered against the defendant, Robert Ghiselin, in favor of other defendants.

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Appeal from the equity side of Prince George’s County Court. The appeal in this case is from an order passed on consideration of bill and answers, dissolving an injunction, which had been granted on the bill, to stay a sale of negroes, under executions issued out of that court, on judgments recovered against the defendant, Robert Ghiselin, in favor of other defendants. The bill which was filed on the 11th Nov., 1846, states, that a certain Robert Ghiselin, is, and at the date of the transactions hereinafter particularly detailed, was largely indebted unto your orator Thomas, and especially in…

1Opinion of the CourtChambers, J.

The first objection to the continuance of the injunction in this case is, that the appointment of the trustee did not suspend the rights of creditors to enforce their judgments.

The 5th section of the act of 1805, ch. 110, provides that the insolvent shall convey to his trustee all the property he has in possession. The 7th section directs a sale to be made of all the property conveyed to the trustee, and applies the proceeds to general creditors, after satisfying all judgments, incumbrances and liens; but no judgment to be entered after the insolvent’s application shall be a lien on his real…

2Cited by55 opinions

  1. Dyson v. SimmonsCourt of Appeals of Maryland · 1878
  2. Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
  3. McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
  4. Plaza Corp. v. Alban Tractor Co.Court of Appeals of Maryland · 2001
  5. Nelson v. Hagerstown BankCourt of Appeals of Maryland · 1867

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