Brooke v. Berry
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause was filed on the 27th January, 1841, by Elisha Berry; Robert W. Brooke and Mary Ann, his wfe ; Louisa, William, JYancy and Eliza Berry, (the three last named being infants,) and alleged, that the said E. B., who is the father of all the other complainants, except the said R. W. B., being seized and possessed of considerable property and estates, both real and personal, lying, &c.; and being naturally of a feeble and…
Read the full summary
Appeal from the Court of Chancery. The bill in this cause was filed on the 27th January, 1841, by Elisha Berry; Robert W. Brooke and Mary Ann, his wfe ; Louisa, William, JYancy and Eliza Berry, (the three last named being infants,) and alleged, that the said E. B., who is the father of all the other complainants, except the said R. W. B., being seized and possessed of considerable property and estates, both real and personal, lying, &c.; and being naturally of a feeble and weak mind and intellect, and therefore, incapable of managing the same with profit or advantage to himself and family, or…
1Opinion of the CourtDorsey, J.
We do not think that the exceptions taken by the defendant to the averments in the bill of complaint can be of any avail to him; regarding the bill as sufficiently charging, if established by proof, that the defendant’s title to the land in controversy was obtained by fraud; that if not obtained by fraud, it was acquired from Elisha Berry, a man of such feeble intellect as to be incompetent to the management of his own business, by William F. Berry, the defendant, his agent for the transaction of all his business, in whom he reposed entire confidence, under such circumstances of abused confi*97fi…
2Cited by16 opinions
- Highberger v. StifflerCourt of Appeals of Maryland · 1864
- Townshend v. TownshendCourt of Appeals of Maryland · 1848
- Graham v. WhitridgeCourt of Appeals of Maryland · 1904
- Brown v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1898
- Gaver v. GaverCourt of Appeals of Maryland · 1939
11 more not listed; retrieve them via the Exa API.