Baugher v. Merryman
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. Under a commission to take testimony in this cause, Stephen J. Joice and Emily Joice, his wife, daughter of the appellee, testified on behalf of the appellee. The appellant excepted to the admissibility of their parol testimony to engraft a trust upon the deed of October 22d, 1862, unless upon the ground of fraud. The remaining facts will be found sufficiently detailed in the opinion of the Court.
1Opinion of the CourtAlvey, J.
The object of this suit is to have a deed of assignment of certain leasehold property, absolute on its-face, made by the appellee to the appellant, declared to have the effect only of a mortgage as between the parties thereto, and to obtain an account.
The leading facts of the case, as disclosed by the record, appear to be these: The appellee, being the mother-in-law of Stephen J. Joice, and the owner of certain leasehold property on Fayette street, in the city of Baltimore, in which she and the family of Joice resided, with a view of aiding her son-in-law to raise money to commence business,…
2Cases cited2 opinions
- Hinkley v. WheelwrightCourt of Appeals of Maryland · 1868
- Toogood v. ScottCourt of Appeals of Maryland · 1782
3Cited by18 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Koogle v. ClineCourt of Appeals of Maryland · 1909
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