Horner v. Frazier
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This is an action instituted by Daniel Frazier, the appellee, against Alexander H. Horner. The defendant died pending the proceedings, and the appellants, as his executors, were substituted as defendants. The case is stated in the opinion of the Court. First Exception. — Stated in the opinion of the Court.
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Appeal from the Court of Common Pleas. This is an action instituted by Daniel Frazier, the appellee, against Alexander H. Horner. The defendant died pending the proceedings, and the appellants, as his executors, were substituted as defendants. The case is stated in the opinion of the Court. First Exception. — Stated in the opinion of the Court. Second Exception. — The plaintiff offered the three following prayers: 1. That if the jury shall believe from the evidence that the plaintiff’s farm in Carroll County, Maryland, was about to be sold under a decree of the Circuit Court for Carroll…
1Opinion of the CourtIrving, J.
The declaration in this case after setting out that certain land of the plaintiff was about to be sold at trustee's sale, alleges “that the defendant proposed to the plaintiff that the plaintiff should become the purchaser of the said land at the sale, and promised the plaintiff, that if he would confess judgment in favor of the defendant for the amount of a certain unfounded claim the defendant then had against the plaintiff upon a certain joint and several promissory note, dated the 16th of August, 1869, for the sum of $810, payable one day after date, to the. order of the defendant, which…
2Cases cited12 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Lamm v. Port Deposit Homestead Ass'nCourt of Appeals of Maryland · 1878
- Miller v. MillerCourt of Appeals of Maryland · 1875
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3Cited by18 opinions
- Black v. Bank of WestminsterCourt of Appeals of Maryland · 1903
- Stacy v. BurkeCourt of Appeals of Maryland · 1970
- Keedy v. LongCourt of Appeals of Maryland · 1889
- Fitzpatrick v. MichaelCourt of Appeals of Maryland · 1939
- Trupp v. WolffCourt of Special Appeals of Maryland · 1975
13 more not listed; retrieve them via the Exa API.