Boyd & Hance v. Harris
High Court of Chancery of Maryland
[Sometime in the year 18 — , Basil Jefferson, of Calvert County, since deceased, purchased certain land in that county, of one Tubman K. Long, and died before it was entirely paid for, leaving a daughter, Ann Jefferson, (who afterwards intermarried with the complainant Boyd, and died without issue,) his heiress at law.
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[Sometime in the year 18 — , Basil Jefferson, of Calvert County, since deceased, purchased certain land in that county, of one Tubman K. Long, and died before it was entirely paid for, leaving a daughter, Ann Jefferson, (who afterwards intermarried with the complainant Boyd, and died without issue,) his heiress at law. Levin W. Ballard was appointed his administrator, and afterwards, with the consent of said Ann, and in order to save the personalty, he sold the land purchased of Long, to Alexander Harris: who, to secure the payment of the purchase money in installments, gave Ballard his bonds…
1Opinion of the Court
The Chancellor :
After reviewing, with the industry and ability for which he was so pre-eminently distinguished, all the authorities upon the question, Chancellor Kent, in the case of Thompson vs. Brown, 4 Johns. Ch. Rep., 619, stated, that it was “finally settled in the English Chancery that upon the usual decree to account, in a suit by one or more creditors against the executor, either singly for themselves, or specially on behalf of themselves and all other creditors, the decree is for the benefit of all the creditors, and in the nature of a judgment for all; and all are entitled, and are…
2Cases cited4 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
- Hanson v. Barnes' LesseeCourt of Appeals of Maryland · 1831
- Thomas v. Visitors of Frederick county schoolCourt of Appeals of Maryland · 1835