Preston v. Horwitz
Court of Appeals of Maryland
Appeal from a decree of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), dismissing the bill of complaint in this case.
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Appeal from a decree of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), dismissing the bill of complaint in this case. The principal allegations of the bill were as follows: “ Fourth. — Your orator is informed, believes and charges, that the conveyances dated February 20, 1872, and January 8, 1873, respectively, were executed merely as security for money then or previously loaned by said Orville Horwitz to said John Ahern, and that the amounts of said loans and agreements to reconvey upon repayment of the same were embodied in unrecorded written agreements or memoranda made at the…
1Opinion of the CourtFowler, J.
The two parties who were alone interested in the transactions out of which these and other similar proceedings grew, are both dead, the one, Mr. Orville Horwitz, having died in the year 1887, and the other, Mr. John Ahern, who, although still living when this bill was filed, has since then departed this life. We say that the two persons we have just mentioned were the sole and original parties to the transactions which are the subject of this litigation, because the whole claim of the plaintiff is based upon the allegation that certain deeds made by Ahern to Horwitz in the years 1872, 1873…
2Cases cited8 opinions
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Nelson v. Hagerstown BankCourt of Appeals of Maryland · 1867
- Hawkins v. ChapmanCourt of Appeals of Maryland · 1872
- In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870
- Hall v. ClagettCourt of Appeals of Maryland · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Warburton v. DavisCourt of Appeals of Maryland · 1914
- Stieff Co. v. UllrichCourt of Appeals of Maryland · 1909
- Roberts v. CatinoCourt of Appeals of Maryland · 1922
- Taylor v. CarrollCourt of Appeals of Maryland · 1899
- Love v. RogersCourt of Appeals of Maryland · 1912
4 more not listed; retrieve them via the Exa API.