Legal Opinion

Waring v. Turton

Court of Appeals of Maryland

Decided June 8, 1876PublishedCited by 6 opinions

Appeal from the Circuit Court for Prince George’s County, in Equity. The case is stated in the opinion of the Court. Under the pleadings and proof in the cause, the Court below was not authorized to pass either the order of the 23rd of April, 1875, or the final decree of the 16th of July, 1875. The claimants, Mortimer W. and Benjamin F. Turton, should have filed a bill of review, praying a rescission of the orders of the 6th of April, 1855, and the 19th of February, 1856.…

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Appeal from the Circuit Court for Prince George’s County, in Equity. The case is stated in the opinion of the Court. Under the pleadings and proof in the cause, the Court below was not authorized to pass either the order of the 23rd of April, 1875, or the final decree of the 16th of July, 1875. The claimants, Mortimer W. and Benjamin F. Turton, should have filed a bill of review, praying a rescission of the orders of the 6th of April, 1855, and the 19th of February, 1856. Gibbs vs. Cunningham, 4 Md. Ch. Dec., 322 ; Dunnock vs. Dunnock, 3 Md. Ch. Dec., 140 ; Pinkney vs. Jay, 12 G. & J., 69; 2…

1Opinion of the CourtBartol, C. J.

It appears by the tecord in this case, that John A. Turton of Prince George’s County died in 1842, seized of a large quantity of land, in that County, and leaving his last will, whereby among other bequests, he devised a portion of his real estate to his children, Violetta, wife of John L. Waring; Susanna W., wife of Francis E. Mudd; Richard, Priscilla, Amanda, John E., Benjamin F. and Mortimer W., in fee-simple, subject to the right of dower therein of his widow, Almira Turton. On the 4th day of May 1843, a bill was filed by John L. Waring and wife, and others, against the other devisees,…

2Cases cited2 opinions

  1. Burch v. ScottCourt of Appeals of Maryland · 1829
  2. Pinkney v. JayCourt of Appeals of Maryland · 1841

3Cited by6 opinions

  1. Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
  2. Zimmer v. MillerCourt of Appeals of Maryland · 1885
  3. Alleghany Corp. v. Aldebaran Corp.Court of Appeals of Maryland · 1938
  4. Lancaster v. GardinerCourt of Appeals of Maryland · 1961
  5. S. & G. Realty Co. v. Woodmoor Realty Corp.Court of Appeals of Maryland · 1969

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