Legal Opinion

Warfield v. Gambrill

Court of Appeals of Maryland

Decided December 15, 1829PublishedCited by 7 opinions

Appeal from a decree of the Court of Chancery dismissing the bill of the complainant (now appellant.) ' The bill filed on the 26th December, 1825, stated that the complainant, Lawncelot Warfield was seized in fee of seven eighths of two tracts of land in Anne.

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Appeal from a decree of the Court of Chancery dismissing the bill of the complainant (now appellant.) ' The bill filed on the 26th December, 1825, stated that the complainant, Lawncelot Warfield was seized in fee of seven eighths of two tracts of land in Anne. Arundel county, called iiFriendship” and “ What you please,” with remainder in fee of the other one-eighth on the death of the defendant Lydia Gambrill, who was entitled as tenant in common, with complainant during her natural life to one undivided eighth part. That the said Lydia was then in the possession of the whole, and prayed that…

1Opinion of the CourtArcher, J.

The complainant seeks a partition of the tracts of land described in the bill, alleging a seisin in seven-eights of said tracts, and that the respondent is in possession of, and exercising acts of ownership over the whole of the lands.

The answer of the respondent states that Augustine Gambrill, the father of the respondent, devised his dwelling plantation to his two sons, Richard and Augustine Gambrill, and to his five daughters; after which she states that by the intermarriage of three of her sisters, and the death of one of them, and by a sale from her brother Richard, to her brother…

2Cases cited1 opinion

  1. Young v. GrundySupreme Court of the United States · 1810

3Cited by7 opinions

  1. Crowe v. WilsonCourt of Appeals of Maryland · 1880
  2. Bowie v. Jones ex rel. LinthicumCourt of Appeals of Maryland · 1843
  3. Briesch v. McCauleyCourt of Appeals of Maryland · 1848
  4. Legge v. CantyCourt of Appeals of Maryland · 1939
  5. Coombs v. JordanHigh Court of Chancery of Maryland · 1810

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