Warren v. Twilley
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Dorchester county. The bill in this case was filed by the appellant on the 1st of December 1852, claiming dower out of certain real estate of which her liusband Noble Warren was seized during the coverture, and which bad been sold during his lifetime without any relinquishment of her dower therein, and also claiming rents and profits for arrears of dower from the death of her husband.
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Appeal from the Equity Side of the Circuit Court for Dorchester county. The bill in this case was filed by the appellant on the 1st of December 1852, claiming dower out of certain real estate of which her liusband Noble Warren was seized during the coverture, and which bad been sold during his lifetime without any relinquishment of her dower therein, and also claiming rents and profits for arrears of dower from the death of her husband. To this bill the defendant, Twilley, on the 20th of April 1853, filed an answer, under oath, alleging that he purchased the land at trustee’s sale under a…
1Opinion of the Court
Eccleston J.,
delivered the opinion of this court.
The first ground urged by the appellant for a reversal of the decree of the circuit court is, that the judge erred in permitting the defendant to file his amended answer. But that being a matter of discretion is not subject to revision on appeal.
In Thomas vs. Doub, 1 Md. Rep., 324, an application by the defendant for permission to file an amended answer having been refused by the chancellor, it was held that such refusal could not be revised in this court, because it was the exercise of a discretionary power. If this be true in regard to…
2Cases cited2 opinions
- Pickett v. ChiltonSupreme Court of Virginia · 1817
- Thomas v. Visitors of Frederick county schoolCourt of Appeals of Maryland · 1835
3Cited by20 opinions
- Lanasa v. StateCourt of Appeals of Maryland · 1909
- Hall v. ClagettCourt of Appeals of Maryland · 1878
- Appeal Tax Court v. St. Peter's AcademyCourt of Appeals of Maryland · 1879
- Eversole v. MaullCourt of Appeals of Maryland · 1878
- Scarlett v. Academy of MusicCourt of Appeals of Maryland · 1875
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