Gurley v. Hiteshue
Court of Appeals of Maryland
Appeal from the equity side of Carroll County Court. The bill in this cause was filed on the 26th May, 1842, by the appellee, and alleged that at the September term of Carroll county court, 1841, Thomas Gurley as the sheriff of Frederick county, recovered against your orator and John B. Boyle, who were sureties for Daniel McKenzie, who was also made one of the defendants in said suit, but was returned by the sheriff of Carroll county '■‘■non esl,” a judgment for $377 58,…
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Appeal from the equity side of Carroll County Court. The bill in this cause was filed on the 26th May, 1842, by the appellee, and alleged that at the September term of Carroll county court, 1841, Thomas Gurley as the sheriff of Frederick county, recovered against your orator and John B. Boyle, who were sureties for Daniel McKenzie, who was also made one of the defendants in said suit, but was returned by the sheriff of Carroll county '■‘■non esl,” a judgment for $377 58, with interest from the 8th September, 1841, and costs; and also one other judgment against your orator and one George…
1Opinion of the CourtChambers, J.
This is an appeal from a decree for a perpetual injunction issued to restrain a plaintiff at law from proceeding to enforce a judgment upon the ground, that since the judgment he has entered into an agreement to receive from one of the defendants in the judgment, a conveyance of certain real property in discharge of the judgment.
We lay no stress upon the fact that one hundred and fifty dollars in cash was also paid by the defendant, because the payment of part of an admitted debt is neither in law or equity a good consideration for abandoning all claim to the residue. It is to be regarded…
2Cited by6 opinions
- Warren Manufacturing Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
- McDowell v. BiddisonCourt of Appeals of Maryland · 1913
- Ginther v. TownsendCourt of Appeals of Maryland · 1910
- Hearn v. RuarkCourt of Appeals of Maryland · 1925
- Crane v. JudikCourt of Appeals of Maryland · 1897
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