State ex rel. Barber v. Hammond's Ex'rs
Court of Appeals of Maryland
Appeal from Anne Arundel county court. This was an action of Debt, instituted November 5th, 1829, in the name of the State, for the use of George Barber, surviving obligee of John T.Barber, against the appellees, as the executors of Philip Hammond, one of the sureties in the testamentary bond of Rezin Hammond, as the executor of Matthias Hammond.
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Appeal from Anne Arundel county court. This was an action of Debt, instituted November 5th, 1829, in the name of the State, for the use of George Barber, surviving obligee of John T.Barber, against the appellees, as the executors of Philip Hammond, one of the sureties in the testamentary bond of Rezin Hammond, as the executor of Matthias Hammond. To the declaration which assigned a breach in the nonpayment of a judgment recovered by the plaintiff against the aforesaid Rezin, as the executor of Matthias, the defendants pleaded. 1. Plene administravit of the assets of Matthias, by Rezin. 2.…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
Christopher L. Gantt, it appears, on the 6th of January, 18 J 9, gave his bond to George and John Barber, with Matthias Hammond, as his surety.
Matthias Hammond died, making Rezin Hammond his executor, who in September, 1819, gave a testamentary bond with Philip Hammond as one of his sureties, for the performance of his trust as executor.
On the 21st April, 1823, two suits were docketed, and judgments entered by confession in the Anne Arundel county court, with a stay of execution for three years in each case, in the name of George Barber,…
2Cited by6 opinions
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- Johnson v. HarveyCourt of Appeals of Maryland · 1869
- Garvey v. WaysonCourt of Appeals of Maryland · 1875
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