Chaney v. Tipton
Court of Appeals of Maryland
Appeal from the equity side of Allegany County Court. On the 7th April 1835, David Chaney and Susanna his wife, filed their bill of complaint, against William Tipton and Mary his wife, Samuel North and Elizabeth his wife, and Lloyd Stallings. The complainant Susanna, and defendants Mary, Elizabeth, and Lloyd, were alleged to he the heirs at law of Thomas Stallings, who died seized of lands, intestate, and that he left a widow, Nancy Stallings.
Read the full summary
Appeal from the equity side of Allegany County Court. On the 7th April 1835, David Chaney and Susanna his wife, filed their bill of complaint, against William Tipton and Mary his wife, Samuel North and Elizabeth his wife, and Lloyd Stallings. The complainant Susanna, and defendants Mary, Elizabeth, and Lloyd, were alleged to he the heirs at law of Thomas Stallings, who died seized of lands, intestate, and that he left a widow, Nancy Stallings. The bill alleged that said lands would not admit of partition so as to give a farm to each child entitled, but might be sold and converted into money…
1Opinion of the CourtChambers, J.
The proceedings in this case, shew that it is a controversy between the heirs at law of Thomas Stallings, who died intestate, in relation to the sale or division of his real estate. The bill is filed by the one of the heirs claiming a sale, upon the ground, that the land is not capable of division; and resisted for the reason, amongst others, that it will admit of division. We think that such cases are particularly provided for by the acts of Assembly, regulating descents, and that the proceedings should have conformed to those acts.
The rights of election and preference secured to certain…
2Cited by6 opinions
- Campbell v. LoweCourt of Appeals of Maryland · 1856
- Jenkins v. SimmsCourt of Appeals of Maryland · 1877
- Phelps v. StewartCourt of Appeals of Maryland · 1861
- Roser v. SladeHigh Court of Chancery of Maryland · 1851
- Stallings v. StallingsCourt of Appeals of Maryland · 1864
1 more not listed; retrieve them via the Exa API.