Seldner v. Katz
Court of Appeals of Maryland
Appeal from a decree of Circuit Court No. 2, of Baltimore City (Dennis, J.) By the common law the real estate of a deceased debtor was not liable for the payment of simple contract creditors. Tessier v. Wise, 3 Bl. 38—9; VanBibber v. Reese, 71 Md. 611; Hammond v. Hammond, 2 Bl. 317. And in Maryland the simple contract creditor wai> without redress as agaipst lands descended or devised until the Act of 1785, ch. 72 (Code, Art. 16, sec. 188.) VanBibber v. Reese, supra.
Read the full summary
Appeal from a decree of Circuit Court No. 2, of Baltimore City (Dennis, J.) By the common law the real estate of a deceased debtor was not liable for the payment of simple contract creditors. Tessier v. Wise, 3 Bl. 38—9; VanBibber v. Reese, 71 Md. 611; Hammond v. Hammond, 2 Bl. 317. And in Maryland the simple contract creditor wai> without redress as agaipst lands descended or devised until the Act of 1785, ch. 72 (Code, Art. 16, sec. 188.) VanBibber v. Reese, supra. In this class of cases the Chancery Court had no original jurisdiction ; the jurisdiction being statutory, and the statute…
1Opinion of the CourtMcSherry, C. J.
The controlling question in the pending case is this : Had Circuit Court No 2, of Baltimore City, jurisdiction to pass the decree against which the appeal now before us was taken ? The facts bearing upon that question and disclosed by the record are as follows: Eva Seldner owed Daniel Katz seventeen thousand and eight hundred dollars evidenced by promissory notes. Eva Seldner died leaving a last will and testament. Her personal estate was insufficient to pay her debts. At the time of her death she owned real estate in Maryland and in the State of Ohio. A creditor’s bill was filed by Daniel…
2Cases cited3 opinions
- State v. Pittsburgh & Connellsville Rail RoadCourt of Appeals of Maryland · 1876
- Van Bibber v. ReeseCourt of Appeals of Maryland · 1889
- Tongue v. MortonCourt of Appeals of Maryland · 1823
3Cited by1 opinion
- C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC.Court of Appeals of Maryland · 2011