Dunn v. Cooper
High Court of Chancery of Maryland
[The original bill in this case was filed, on the equity side of Baltimore County Court, on the 25th of April, 1849, by Edward Dunn and others, creditors of one Erwin Cooper; and after stating said Cooper’s indebtedness to them, charges that, on the 3d of April, 1849, said Cooper, then being in a hopeless state of insolvency, executed a mortgage to the Baltimore and Susquehanna Railroad Company, of certain leasehold and personal estate, which mortgage is alleged to have been…
Read the full summary
[The original bill in this case was filed, on the equity side of Baltimore County Court, on the 25th of April, 1849, by Edward Dunn and others, creditors of one Erwin Cooper; and after stating said Cooper’s indebtedness to them, charges that, on the 3d of April, 1849, said Cooper, then being in a hopeless state of insolvency, executed a mortgage to the Baltimore and Susquehanna Railroad Company, of certain leasehold and personal estate, which mortgage is alleged to have been made with knowledge on the part of the mortgagee of the grantor’s insolvency at the time of its execution, and to he…
1Opinion of the Court
The Chancellor:
This case is submitted to this Court upon the demurrers of three of the defendants to the amended bill, and the arguments in writing of the solicitors of the parties, in support of, and in opposition to the demurrers, have been read, the authorities referred to and examined, and the proceedings carefully considered.
The ground of the demurrer relied upon is multifariousness, and it is confessedly extremely difficult, if not impracticable, to laydown any general rule upon the subject; the Courts, in deciding cases of this description, being governed very much, if not exclusively,…
2Cases cited1 opinion
- Gibbs v. ClagettCourt of Appeals of Maryland · 1829
3Cited by3 opinions
- North American Insurance v. YatesIllinois Supreme Court · 1905
- Roth v. StuerkenCourt of Appeals of Maryland · 1914
- Wilkinson v. HeberlingAppellate Court of Illinois · 1923