Smith v. Baldwin
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill was filed by the appellees against the appellants, and stated, that Elijah Brown, by his last will, dated the 25th of August 1809, devised his land for three years to Obadiah Smith, one of the defendants, and at the expiration of three years, the land tobe sold by his executor, and the proceeds, after payment of debts and legacies, to be divided among his brothers and sisttrs named in the will.
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Appeal from the Court of Chancery. The bill was filed by the appellees against the appellants, and stated, that Elijah Brown, by his last will, dated the 25th of August 1809, devised his land for three years to Obadiah Smith, one of the defendants, and at the expiration of three years, the land tobe sold by his executor, and the proceeds, after payment of debts and legacies, to be divided among his brothers and sisttrs named in the will. The executor was empowered to convey, and Obadiah Smith appointed executor, The testator died on the 23d of September 1809, Ruth Curnns, one of the…
1Opinion of the CourtBuchanan, J.
The objection Urged to the decree on the ground that all the evidence in the cause was taken before Ruth Currens was made a party, and that either another commission ought to have issued, and testimony been taken de novo; or that the cause should have been heard on bill and answer as to all the defendants, without reference to the testimony, is unsupported either on principle or authority, Ruth Currens, in her answer, admits all the allegations in the bill; in relation to her, therefore, no testimony was wanted, and she could not in any manner be injured or affected by the evidence taken…
2Cited by1 opinion
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