Watkins v. Harwood
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill which was filed in this case by the appellant, Ann Watkins, and others, representatives of Benjamin Harwood, deceased, on the 14th of March, 1827, against the appellees, Richard Harwood of Thomas, and Henry IL Harwood, administrators of the said Benjamin Harwood and others, was for an account and distribution of the personal estate of Benjamin, who departed this life, as stated in the bill, some time in the month of January, or…
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Appeal from the Court of Chancery. The bill which was filed in this case by the appellant, Ann Watkins, and others, representatives of Benjamin Harwood, deceased, on the 14th of March, 1827, against the appellees, Richard Harwood of Thomas, and Henry IL Harwood, administrators of the said Benjamin Harwood and others, was for an account and distribution of the personal estate of Benjamin, who departed this life, as stated in the bill, some time in the month of January, or February, 1826, intestate. Upon the coming in of the answers, the Chancellor at July term, 1827, passed an interlocutory…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the Court.
This cause lies within a narrow compass. Here the judge referred to the proceedings, and then said, it is to be observed that this mortgage was not insisted upon, nor set up’in the answer, but the amount of the debt supposed to be due claimed for the first time before the auditor, as a set off against the distributive share of the appellant.
This debt became due and payable by the stipulation and covenant in the mortgage on the 1st of January, 1810, more than 16 years before the death of Benjamin Harwood, the mortgagee, who died in the year…
2Cited by4 opinions
- Frank v. WareheimCourt of Appeals of Maryland · 1939
- Miller v. HorowitzCourt of Appeals of Maryland · 1937
- Ohio Life Ins. & Trust Co. v. Winn & RossHigh Court of Chancery of Maryland · 1849
- Teackle v. GibsonCourt of Appeals of Maryland · 1855