Dryden v. Hanway
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Tbe bill of complaint filed in this case by the appellant, on the 8th of April, 1867, against the appellees, alleged that on the 7th July, 1862, the executors of Thomas Street, by virtue of a power contained in the will of their testator, offered at public sale, at the Exchange Salesroom, in the city of Baltimore, a certain house and lot on East Eayette street, in the occupancy of the complainant, at the date of filing the…
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Appeal from the Circuit Court of Baltimore City. Tbe bill of complaint filed in this case by the appellant, on the 8th of April, 1867, against the appellees, alleged that on the 7th July, 1862, the executors of Thomas Street, by virtue of a power contained in the will of their testator, offered at public sale, at the Exchange Salesroom, in the city of Baltimore, a certain house and lot on East Eayette street, in the occupancy of the complainant, at the date of filing the bill; that on the day said property was advertised to be sold, the complainant, and one Franklin Hanway (since deceased),…
1Opinion of the CourtStewart, J.
The only material question for us to decide, from the circumstances of this case is, as to the existence of any such trust, or confidence between the appellant and Franklin Hanway, in regard to the house and lot in question, as a Court of Equity can consider as implied by operation of law, and not in conflict with the Statute of Frauds, the plea of which has been interposed by the appellee.
Resulting trusts are saved and -excepted by the 8th section of that Statute; and that parol proof of facts and circumstances may be admitted in equity tb establish such trusts, is fully settled.
The answer…
2Cited by10 opinions
- Bailey v. PoeCourt of Appeals of Maryland · 1923
- McRae v. McRaeCourt of Appeals of Maryland · 1893
- Witts v. HorneyCourt of Appeals of Maryland · 1883
- Johns v. CarrollCourt of Appeals of Maryland · 1908
- Hughes v. McDougallCourt of Appeals of Maryland · 1922
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