Legal Opinion

Cornell v. McCann

Court of Appeals of Maryland

Decided December 13, 1872PublishedCited by 7 opinions

Appeal from the Circuit Court for St. Mary’s County, in Equity. * Oh the 6th of June, 1870, William H. Dunkinson filed a bill in the Circuit Court for St. Mary’s County, in Equity, against Lucien Birdseye of New York, to enforce an alleged vendor’s lien Upon the Point Lookofit property, by sale of the property.

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Appeal from the Circuit Court for St. Mary’s County, in Equity. * Oh the 6th of June, 1870, William H. Dunkinson filed a bill in the Circuit Court for St. Mary’s County, in Equity, against Lucien Birdseye of New York, to enforce an alleged vendor’s lien Upon the Point Lookofit property, by sale of the property. An order of publication was granted, and tire defendant having failed to appear and answer, a decree pro confesso was- passed on' the 8th of December, 1870, for the sale of the property, and B. Gr. Harris and J. Parran Crane, were appointed trustees for that purpose. Subsequently,…

1Opinion of the CourtAlvey, J.

While the order of the 11th of August, 1871, consolidating the two causes, Dunkinson vs. Birdseye, and McCann vs. Dunkinson et al., may be very proper and expedient with a view to the final determination of the many conflicting claims involved, it is quite improper that such consolidation should take place as an arrangement between the complainants in the two bills, to effect an object the result bf which may and will likely be prejudicial to the rights and interests of some of the parties defendants.

The bill filed by Dunkinson against Birdseye had been taken pro confesso, and a decree passed…

2Cited by7 opinions

  1. Hagerstown Furniture Co. v. BakerCourt of Appeals of Maryland · 1930
  2. Kelly v. GilbertCourt of Appeals of Maryland · 1894
  3. Donohue v. DanielCourt of Appeals of Maryland · 1882
  4. Wenzel v. MilburyCourt of Appeals of Maryland · 1901
  5. Cannon v. Brush Electric Co.Baltimore City Circuit Court · 1897

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