Hall v. McCann
Court of Appeals of Maryland
Appeal from the Circuit Court for St. Mary’s County, in Equity. The consolidated cases of William Cornell and John Johnson against Daniel McCann, and others, William H. Dunkinson against Daniel McCann and others, and Daniel McCann against William Cornell and John Johnson, and others, will be found reported in 48 Md., 592- 605. After the affirmance by this Court of the order of the Circuit Court for St. Mary’s County, in Equity, finally ratifying the auditor’s account stated…
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Appeal from the Circuit Court for St. Mary’s County, in Equity. The consolidated cases of William Cornell and John Johnson against Daniel McCann, and others, William H. Dunkinson against Daniel McCann and others, and Daniel McCann against William Cornell and John Johnson, and others, will be found reported in 48 Md., 592- 605. After the affirmance by this Court of the order of the Circuit Court for St. Mary’s County, in Equity, finally ratifying the auditor’s account stated under the instructions of the Court, distributing the net proceeds of sale of the real estate decreed to be sold, and…
1Opinion of the CourtRobinson, J.
If it be conceded that the pleas of “res adjudicata” and limitations are bad pleas in this case, there are other grounds on which the order of the Court helow must he affirmed.. This is an application to a Court of equity to restrain the payment of a vendor’s lien audited to the appellee under a decree, upon the ground that the lien was assigned by the appellant to the appellee as collateral security, and that the debt intended thereby to be secured has been fully paid.
To justify the exercise of a jurisdiction so extraordinary in its character, it was incumbent on the appellant to make out a…
2Cited by6 opinions
- Eagan v. CalhounCourt of Appeals of Maryland · 1997
- Scanlon v. WalsheCourt of Appeals of Maryland · 1895
- Walker v. Acting DirectorCourt of Appeals of Maryland · 1979
- Van Royen v. LaceyCourt of Appeals of Maryland · 1972
- Schmerling v. Injured Workers' Insurance FundCourt of Special Appeals of Maryland · 2001
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