Cross v. Cohen
Court of Appeals of Maryland
Appeal from the Court of Chancery. The claim in this cause, arose under the following deed: “This indenture, made the 11th October 1816, between William Warren and William B. Wood, managers of the new theatre, on, Ac., of the one part, and William Gwynn, Fielding Bucos, Jr., John Friclc, Jonathan Meredith, and George Hume Stewart, all of, Ac., trustees on hehalf of the subscribers to the stock in the said theatre, of the other part.
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Appeal from the Court of Chancery. The claim in this cause, arose under the following deed: “This indenture, made the 11th October 1816, between William Warren and William B. Wood, managers of the new theatre, on, Ac., of the one part, and William Gwynn, Fielding Bucos, Jr., John Friclc, Jonathan Meredith, and George Hume Stewart, all of, Ac., trustees on hehalf of the subscribers to the stock in the said theatre, of the other part. Whereas,the several persons, whose names are contained in the list or schedule hereunto annexed, at the instance and request of the said W. TV., and W. B. W.,…
1Opinion of the CourtChambees, J.
The legal construction of the deed of trust, dated 11th October 1816, is one of the material points on which this cause must be decided, and many authorities have been cited to sustain the different views taken by the respective counsel. After a full consideration of these authorities, we have arrived at the conclusion, that the priority claimed by the appellees for the stock holders cannot be sustained.
It cannot, certainly, be successfully contended, that the origin and nature of their debt gave them stronger claims, in equity, upon the trust fund. The labor and materials furnished by the…
2Cited by11 opinions
- Cherry v. SteinCourt of Appeals of Maryland · 1858
- Bailey v. BaileyCourt of Appeals of Maryland · 1943
- Mason v. MartinCourt of Appeals of Maryland · 1853
- Gibbs v. GaleCourt of Appeals of Maryland · 1854
- Aukam v. ZantzingerCourt of Appeals of Maryland · 1902
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