Hinkley v. Wheelwright
Court of Appeals of Maryland
Appeal froríi the Circuit Court of Baltimore City. Proceedings .were instituted in the Circuit Court of Baltimore City, for the settlement of the estate of Leonard Jarvis, deceased, under which certain property of the testator was sold.
Read the full summary
Appeal froríi the Circuit Court of Baltimore City. Proceedings .were instituted in the Circuit Court of Baltimore City, for the settlement of the estate of Leonard Jarvis, deceased, under which certain property of the testator was sold. While the proceeds of sale, and certain rents and income, were in the hands of Edward Otis Hinkley, as trustee to sell, and as receiver of said rents and income, the said Hinkley as surviving ' executor, and certain other persons as residuary devisees and legatees of the testator, filed their petition in said cause on the 28th of December, 1859, alleging that…
1Opinion of the Court
*Miller, J.,
delivered the opinion of the court.
The conclusion at which we have arrived, upon the main point in controversy in this case, renders unnecessary a determination of other questions of importance discussed at bar.
Upon the best consideration we have been able to give to the subject, the court is of opinion that the absolute deed of the “ Assabet Estate,” from Nathaniel J. Wyeth to Leonard Jarvis, of the 17th of August, 1852, cannot, at the instance of the appellants, be treated in equity as a mortgage, by reason of any of the papers executed at the same time, nor can we discover that…
2Cases cited2 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Hicks v. HicksCourt of Appeals of Maryland · 1832
3Cited by15 opinions
- Baugher v. MerrymanCourt of Appeals of Maryland · 1870
- Thomas v. KlemmCourt of Appeals of Maryland · 1945
- Bailey v. LoveCourt of Appeals of Maryland · 1887
- Coster v. Arrow Building & Loan Ass'nCourt of Appeals of Maryland · 1945
- Packard v. Corporation for Relief of the Widows & Children of the Clergy of the Protestant Episcopal ChurchCourt of Appeals of Maryland · 1893
10 more not listed; retrieve them via the Exa API.