Legal Opinion

Glenn v. Clark

Court of Appeals of Maryland

Decided May 21, 1880PublishedCited by 15 opinions

Appeal from the Circuit Court of Baltimore City. The hill of complaint in this case was filed on the 10th ■day of July, 1874, by the appellee, widow of John Clark, who died intestate in July, 1871, claiming dower in a lot of ground situated on the north-west corner of Baltimore and Calvert streets, in the City of Baltimore, and claiming •also one-third part of the rents and profits which have arisen since the death of her husband.

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Appeal from the Circuit Court of Baltimore City. The hill of complaint in this case was filed on the 10th ■day of July, 1874, by the appellee, widow of John Clark, who died intestate in July, 1871, claiming dower in a lot of ground situated on the north-west corner of Baltimore and Calvert streets, in the City of Baltimore, and claiming •also one-third part of the rents and profits which have arisen since the death of her husband. The hill alleges that the defendants therein named are in possession of the property, claiming title thereto, and prays that they he compelled to produce all title…

1Opinion of the CourtBartol, C. J.

The first question to he considered in this case, arises-upon the exceptions of the appellants to the admissibility of evidence tending to establish or set up the infancy of" the appellee, at the time of the execution of the mortgages of January 19th 1830 and July 19th, 1831.

This exception is based upon the alleged insufficiency of the averments in her original hill and amended hill to-raise that issue, and also upon the effect of her admissions in the agreed statement of facts, and in her amended answer, which, it'is contended, amount to a waiver of her-right to assert or rely upon her…

2Cases cited6 opinions

  1. Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
  2. Ahern v. WhiteCourt of Appeals of Maryland · 1874
  3. Heuisler v. NickumCourt of Appeals of Maryland · 1873
  4. Lynn v. GephartCourt of Appeals of Maryland · 1867
  5. Bank of Commerce v. OwensCourt of Appeals of Maryland · 1869

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3Cited by15 opinions

  1. Fletcher v. Havre De Grace Fireworks Co.Court of Appeals of Maryland · 1962
  2. Leach v. RainsIndiana Supreme Court · 1897
  3. Moore v. HarrisonIndiana Court of Appeals · 1901
  4. Thompson v. Thomas & Thompson Co.Court of Appeals of Maryland · 1918
  5. Slingluff v. HubnerCourt of Appeals of Maryland · 1905

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